The doctrine of stare decisis has two aspects:
1) Definitional or Substantial:
the principle of law is found in the precedence called the ratio decidendi: the narrowest
and necessary legal principle upon which a legal decision was based.
In the case repor
Steps of Engagin the Court
1. To engage the court:
Plaintiff issues a statement of claims it is served to the defendant, describe the wrongdoings, the remedy sought. Has to be served within 6 months.
Includes the name of the plaintiff and the identity, th
JUSTIFICATION FOR THE DOCTRINE OF STARE DECISIS
1) Historical: classical it is based on principles metaphysically inspired that have the
appearance of change because they are being applied to modern cases. It is only the
application of old principles to n
Common law system: applies to court created law, how they are applied. It applies to
certain statutory laws as well. Includes jurisdiction of Manitoba
It originated in England, Whales and Ireland and current former British colonies. The