If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, Potentially overruling the previous case law by setting a different precedent of higher authority. This could materialize several times since the case works its way through successive appeals. Lord Denning, first o
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The concept of stare decisis, a Latin term meaning “to stand by points decided,” is central on the application of case law. It refers back to the principle where courts stick to previous rulings, making sure that similar cases are treated constantly over time. Stare decisis creates a way of legal security and predictability, allowing lawyers an