The outline linked below will provide an overview of the law of precedent (the principle of “stare decisis”). It will discuss the origins of the law, its scope and application.
Precedent in the Czech Republic starts with answering the question of whether it is a “source of law”. In the 1900’s many judges maintained that case law was not binding and therefore did not matter. The work of the judge was thought of as primarily mechanical. Khun, Towards a Sophisticated Theory of Precedent? Prospective and Retrospective Overruling in the Czech Legal System. P.4 Charles University Law School (2015).
Information set forth in this outline should not be considered legal advice, because every fact pattern is unique. The information set form herein is solely for purposes of discussion and to guide practitioners in their thinking regarding the issues set herein.
All written material contained within this outline is protected by copyright law and may not be reproduced without the express written consent of Rathje Woodward LLC.
Presented to 25th Annual John Marshall Law School Legal Study Trip to the Czech Republic October 11-23, 2017 Prague & Brno, Czech Republic
The author wishes to thank Sandra L. Engberg for her invaluable assistance in the preparation of this outline.
Written by R. Terrence Kalina