A Treatise on the Doctrines of Res Adjudicata and Stare Decisis (Classic Reprint)

A Treatise on the Doctrines of Res Adjudicata and Stare Decisis (Classic Reprint)

by J. C. Wells
     
 

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Excerpt from A Treatise on the Doctrines of Res Adjudicata and Stare Decisis

There is no distinct treatise of which I am aware that is exclusively devoted to a consideration of the important topics embraced within the range of Res Adjudicata, and of the maxim Stare Decisis et non quieta movere. As to the former, it is true the books on the subject of Estoppel deal

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Excerpt from A Treatise on the Doctrines of Res Adjudicata and Stare Decisis

There is no distinct treatise of which I am aware that is exclusively devoted to a consideration of the important topics embraced within the range of Res Adjudicata, and of the maxim Stare Decisis et non quieta movere. As to the former, it is true the books on the subject of Estoppel deal with it in outline as a part of the general treatise. But it has become so extended that a full and at least partially exhaustive treatment has, I think, become desirable, tracing out the various distinctions, ramifications, modifications, exceptions and diverse bearings thereof; and such is the object and especial mission of the following work.

I have purposely confined myself to the American decisions, and have only incidentally quoted English authorities now and then for the sake of clearer illustration. In my judgment the American system of jurisprudence has acquired sufficient consistency to stand alone in general, and is not now as formerly in leading strings humbly following without question the authority of English precedents. However, the English system being the origin of ours, there must always remain similarities in the two whereby one will readily lend illustration to the other upon almost any legal topic - so that there is no impropriety in mingling both in discussions of principles entering into the composition of legal text books.

The two topics of Res Adjudicata and Stare Decisis may properly be treated together, being of a cognate character, the former controlling parties, the latter more especially furnishing a rule for courts themselves, in those matters which have been judicially considered, and are afterward again brought forward to be passed upon. In general, however, there is this distraction likewise, that the former more usually relates to determinations on questions of fact, the latter to decisions on questions of law. But this distinction does not destroy the classification which renders the two topics capable of being considered together logically and systematically.

Hoping my labors herein may not prove unacceptable to the profession, I commend the work to their favor and indulgence.

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Product Details

ISBN-13:
9781330715055
Publisher:
FB &c Ltd
Publication date:
07/04/2015
Pages:
658
Product dimensions:
6.00(w) x 9.00(h) x 1.32(d)

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