Stare Decisis and the Law of Evidence
Law is a matter of will and evidence. The principle of Stare decisis promotes the equally-handed and predictable application of the law. The law aims at protecting the rights of individuals and society. In addition, it should be open, epistemically accessible, and useable as a framework. The law should be accessible to ordinary people and provide a means to settle disputes and protect themselves from abuse of power. The legal system should be free from political interference and corruption, with independent judiciaries and government officials, transparency and integrity in legal procedures.
Evidence is a matter of will
In law, the concept of evidence is different from that of ordinary law. Evidence must meet certain rules that govern the admissibility, presentation, and use of the evidence. Judges must also consider a variety of extra-legal principles, including the strength and sufficiency of evidence. If there is a dispute in the facts of the case, the law of evidence will help determine whether the case is worth pursuing.
A judge will weigh the strength of each of these factors when deciding whether evidence is admissible. For instance, whether a document is admissible is dependent on the condition of its relevance and materiality. Documentary evidence, on the other hand, can be admissible even if it was procured through an illegal means. Evidence can be both tangible and intangible. The trier of fact must weigh the evidence, and determine its admissibility before deciding whether or not to allow it into the case.
Stare decisis promotes evenhanded and predictable application of laws
In statutory construction and constitutional interpretation, stare decisis encourages courts to defer to previous decisions when applying a law. Although stare decisis applies equally to statutory interpretation, there are several exceptions. The courts should overrule precedents only when persuaded by new evidence or better reasoning. The principle is especially important in statutory interpretation. Here are a few of the exceptions to stare decisis.
The Supreme Court’s adherence to previous cases, known as stare decisis, has often been described as a presumption. Justices like William Rehnquist and Sonia Sotomayor have argued that the Court follows precedent in almost every instance. Similarly, a new Justice should be given room to make a judgment and avoid following a precedent that is overly narrow in its application.
Private law is governed by liability
The basic principles of private law include legal certainty and individual autonomy. It shapes economic markets and ensures that goods and services are delivered at the agreed price. Some of the subdomains of private law include compensation for weaker parties and protection of specified groups. Private law is often governed by limitations imposed by international human rights law and constitutional provisions. This article briefly summarizes the fundamental concepts of private law. In addition, this article describes how liability affects different aspects of private law.
The most basic principles of liability are based on the idea that an act may violate a public or private legal norm. A common example of this would be drunk driving. A drunk driver may be subject to criminal punishment for causing an accident or injury, but the victims of this act can sue for damages. Such actions are called torts and fall under private law. They can either be a civil lawsuit, or criminal proceedings.
