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Case law, or common law, is based on the concept of precedent and the doctrine of stare decisis, which means “to stand by decisions and not to disturb what is settled”. This means that the case has established a precedent. The doctrine of stare decisis must be contrasted with the concept of res adjudicata, which means that the “thing has been decided”. Res adjudicata applies when, between the parties themselves, the matter is closed at the conclusion of the lawsuit. The losing party cannot again ask a court to decide the dispute. Stare decisis means that a court of competent jurisdiction has decided a controversy and has, in a written opinion, set forth the rule or principle that formed the basis for its decision, so that rule or principle will be followed by the court in deciding subsequent cases. Likewise, subordinate courts in the same jurisdiction will be bound by the rule of law set forth in the decision. Stare decisis, then, affects persons who are not parties to the lawsuit, but res adjudicata applies only to the parties involved.
The Concept of Res Adjudicata
The Doctrine of Stare Decisis
The Concept of Precedent
Case Law