LEGRES FINALS

STARE DECISIS Is a legal principle by which judges are obliged to respect the precedents established by prior decisions by the Supreme Court, the words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed."In a legal context, this is understood to mean that courts should generally abide by precedents and not disturb settled matters. RES JUDICATA Literally, it means a matter adjudged, a thing judicially acted upon or decided; a thing or matter settled by judgment. In res judicata, the judgment in the first action is considered conclusive as to every matter offered and received therein, as to any other admissible matter, which might have been offered for that purpose, and all other matters that could have been adjudged therein. Res judicata is an absolute bar to a subsequent action for the same cause; and its requisites are: (a) the former judgment or order must be final; (b) the judgment or order must be one on the merits; (c) it must have been rendered by a court having jurisdiction over the subject matter and parties; (d) there must be between the first and second actions, identity of parties, of subject matter and of causes of action. RATIO DECIDENDI The principle or rule of law on which a court's decision is founded <many poorly written judicial opinions do not contain a dearly ascertainable ratio decidendi>. 2. The rule of law on which a later court thinks that a previous court founded its decision; a general rule without which a case must have been decided otherwise <this opinion recognizes the Supreme Court's ratio decidendi in the school desegregation cases> OBITER DICTUM [Latin "something said in passing"] (18c) A judicial comment made while deliv- ering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). Often shortened to dictum or, less commonly, obiter. CASE LAW Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing precedents in other cases and statutes that had a bearing on their decision. LAW OF THE CASE Law of the case has been defined as the opinion delivered on a former appeal. It is a rule of general application that the decision of an appellate court in a case is the law to the case on the points presented throughout all the subsequent proceedings in the case in both the trial and appellate courts and no question necessarily involved and decided on that appeal will be considered on a second appeal or writ of error in the same case, provided the facts and issues are substantially the same as those on which the first question rested and, according to some authorities, provided the decision is on the merits