Stare Decisis
Definition of Stare Decisis
Note: See a more comprehensive approach to the Stare Decisis legal concept in the American Law Encyclopedia
Latin for “let the decision stand.” Stare Decisis (Judicial Function) holds that once a principle of law is established for a particular legal situation, courts should adhere to that principle in similar cases in the future. The case in which the rule of law is established is called a precedent. Indeed, the doctrine holds that a previous decision is binding on any question subsequently arising under the rule of law established by it. Precedents are the source of common law. A precedent may be established when a court considers a novel legal issue or offers an interpretation on a statute.
See Also
Common Law (Judicial Function) Precedence (Judicial Function).
Resources
Stare Decisis Related Resources
- Stare Decisis in the United States Legal Encyclopedia
- Judicial Function Keywords in the United States Legal Encyclopedia
- Judicial Function Keywords in the International Legal Dictionary
Notes
- “Stare Decisis”, The American Law Dictionary, 1991, California
Stare Decisis
The doctrines of stare decisis and precedent are the foundations of several common law systems, including United States, England and Canada.
Judges, historically, agreed that similar cases should be decided in the same way. This practice led to the principle known as stare decisis, a Latin phrase meaning “to stand by the decision.” The process of applying stare decisis developed into the rule of precedent used today. The record of these decisions formed the basis of common law, or case law, because the information was “common to all\”.
Stare decisis legal definition
Stare Decisis (Latin: stay with what has been decided) is a rule of courts to abide by or adhere to principles established by decisions in earlier cases. It is, in fact, a legal doctrine in which courts generally follow the application of the law as decided in similar prior cases, which is referred to as following precedent. The requirement that a lower court must follow a precedent is called stare decisis.
Precedent means that the principle announced by a higher court must be followed in later cases. A recent decision in the same jurisdiction as the instant case will be given great weight. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. The principal that the precedent decisions are to be followed by the courts.
Stare Decisis
In the Past
To abide or adhere to decided cases.
Developments
It is a general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided or contrary to principle. Many hundreds of such overruled cases may be found in the American and English books of reports. Mr. Greenleaf has made a collection of such cases, to which the reader is referred. Vide 1 Kent, Com. 477; Livingst. Syst. of Pen. Law, 104, 5. [1]
Resources
Notes and References
- Partialy, this information about stare decisis is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including stare decisis.
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