In adversarial trial systems, judges make use of precedents and stare decisis in deciding cases. In inquisitorial trial systems, judges exercise more discretion and seldom rely on previous cases in pronouncing judgment. They attempt to apply the law to the current situation.

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In adversarial systems, common in common law jurisdictions, judges often rely on precedents and the principle of stare decisis, where past decisions guide current case outcomes. In contrast, inquisitorial systems, common in civil law countries, judges have more discretion and focus on applying the law to the facts of the case at hand, without being strictly bound by previous cases.

In Adversarial Trial Systems, Judges Make Use of Precedents and Stare