Question

A maxim which expresses the underlying basis of the doctrine of precedent is...........

• A. Res judicata
• B. Estoppel
• C. Stare Decisis
• D. Res ipsa loquitur

Hint:

Connect the Latin maxim to its English meaning and legal concept:

\textbf{Stare Decisis} → "Stand by decisions" → Precedent.
\textbf{Res Judicata} → "Matter judged" → Finality, no re-litigation.
\textbf{Res Ipsa Loquitur} → "Thing speaks for itself" → Obvious negligence.

Answer 1

The Correct Option is C

Step 1: Understanding the Doctrine of Precedent
The doctrine of precedent is a fundamental principle of the common law system. It means that a court's decision in a case should be followed by the same court or by lower courts in subsequent cases involving similar facts and legal issues. The question asks for the Latin maxim that represents this principle.

Step 2: Defining the Legal Maxims


(A) Res judicata: Means "a matter judged". It is a principle that prevents the same matter from being litigated again between the same parties once a final judgment has been made. It is about the finality of judgments.
(B) Estoppel: A legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law.
(C) Stare Decisis: A Latin phrase that means "to stand by things decided". This is the formal name for the doctrine of precedent. It obliges courts to follow historical cases when making a ruling on a similar case. This is the very basis of the doctrine of precedent.
(D) Res ipsa loquitur: Means "the thing speaks for itself". It is a doctrine in tort law where the facts of an accident imply negligence without needing direct proof of it.

Step 3: Final Answer
The maxim that expresses the doctrine of precedent is Stare Decisis. Therefore, option (C) is the correct answer.