Application of an existing law to a new situation

You're referring to the concept of "stare decisis"!

Stare decisis is a Latin phrase that means "to stand by what has been decided." It's a legal principle that holds that when a court has previously decided a case with similar facts and circumstances, it should follow that decision in a subsequent case with similar facts and circumstances. This means that the court will apply the existing law to a new situation, rather than re-examining the issue or creating new law.

The purpose of stare decisis is to promote stability, consistency, and predictability in the law. By following precedent, courts can avoid the need to re-litigate the same issue multiple times, which can save time, resources, and reduce the risk of conflicting decisions.

Here are some key aspects of stare decisis:

  1. Precedent: A previous court decision that sets a legal precedent.
  2. Similar facts and circumstances: The new case must have similar facts and circumstances to the previous case.
  3. Application of existing law: The court applies the existing law to the new situation, rather than creating new law.
  4. Binding effect: The precedent is binding on lower courts and may be persuasive on higher courts.

Stare decisis is an important principle in common law systems, such as the United States, the United Kingdom, and Canada. It helps to ensure that the law is consistent and predictable, and that courts can rely on established precedents to guide their decisions.

However, there are also situations where stare decisis may not apply, such as:

  1. Distinguishing precedent: The court may distinguish the previous case on its facts, making it inapplicable to the new situation.
  2. Overruling precedent: The court may overrule a previous decision if it is no longer good law or if there are compelling reasons to do so.
  3. New evidence or circumstances: The court may consider new evidence or circumstances that were not present in the previous case, making it necessary to re-examine the issue.

Overall, stare decisis is an important principle in the legal system, as it helps to promote consistency, stability, and predictability in the law.