Why is reading En Banc decisions crucial for all law students?
Doctrine of stare decisis.
The doctrine of stare decisis demands that the Court adhere to precedent once it lays down a principle of law as applicable to a certain state of facts and "apply it to all future cases, where facts are substantially the same; regardless of whether the parties and property are the same."
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Reading En Banc decisions is crucial for all law students because it allows them to stay informed about the most recent and authoritative interpretations and applications of the law. En Banc decisions are decisions made by a larger panel of judges, typically all the judges of a particular court or a significant majority of them.
Here are some reasons why reading En Banc decisions is crucial for law students:
1. Stability and predictability: En Banc decisions play a significant role in establishing stability and predictability in the law. By adhering to precedent and applying principles consistently, the court ensures certainty in its decisions. Law students need to understand these decisions to grasp the foundational principles on which the legal system operates.
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2. Understanding the evolution of legal principles: En Banc decisions often involve the modification or reversal of prior rulings. As law evolves and societal changes occur, it is vital for law students to understand how the court adapts and develops legal doctrines. By studying En Banc decisions, students gain insight into the reasoning behind changes in the law and the development of new principles.
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3. Authority of the law: When the Court sits En Banc, its decisions become the law of the land. Law students need to be aware of these authoritative decisions to have a comprehensive understanding of the law. En Banc decisions have a significant impact on legal practice and can shape future cases and legal arguments.
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4. Depth of legal analysis: En Banc decisions often involve a more extensive review of legal issues and multiple perspectives. By studying these decisions, law students can observe the depth of legal analysis, the arguments presented by different judges, and the overall reasoning behind the decision. This exposure helps students develop critical thinking skills and enhance their ability to analyze complex legal problems.
5. Knowledge of dissenting opinions: En Banc decisions may include dissenting opinions from judges who disagree with the majority decision. Law students benefit from reading and understanding these dissenting opinions as they provide alternative viewpoints and arguments. This exposure helps students appreciate the diversity of legal perspectives and foster a more nuanced understanding of the law.
It is an elementary principle that no doctrine laid down by the Court may be modified or reversed [except] by the Court sitting En Banc. (Emphasis supplied).
As a result, when the Court sits En Banc and abandons previous rulings or doctrine, such new decision, abandoning previous rulings, becomes part of the law of the land.
Therefore, reading En Banc decisions is important for law students as it helps them stay current with the law, understand the reasoning behind important decisions, and develop their analytical and advocacy skills. By engaging with these decisions, students can better prepare themselves for legal practice and contribute to the development and evolution of the law.
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