What is the Doctrine of Precedent also known as?

• A. Stare Decisis
• B. Res Judicata
• C. Habeas Corpus
• D. Mens Rea

Answer: (A)

In common law, decisions from higher courts guide future cases with similar facts; this guiding principle is known as stare decisis. Stare decisis, literally meaning “to stand by things decided,” captures the idea that once a legal rule is established in a case, it should be followed in later cases to maintain consistency and predictability in the law. The part of a case that actually creates the binding rule is called the ratio decidendi, while other statements in the judgment are obiter dicta and are not binding in the same way.

The other terms you might have seen refer to different ideas: res judicata prevents the same matter from being relitigated once finally decided; habeas corpus protects against unlawful detention; and mens rea refers to the mental state required for criminal liability.