Stare decisis

Definition

Stare decisis is a legal principle that mandates courts to follow the precedents established in previous cases when making their decisions. This principle ensures consistency and predictability in the law, as it encourages courts to adhere to established rulings, thus promoting stability within the legal system. By relying on past judgments, stare decisis helps to uphold the rule of law and fosters respect for judicial decisions.

5 Must Know Facts For Your Next Test

1. Stare decisis comes from the Latin phrase meaning 'to stand by things decided,' emphasizing the importance of precedent in legal decisions.
2. This principle can be either binding, where lower courts must follow the decisions of higher courts, or persuasive, where a court may consider previous rulings from other jurisdictions as guidance.
3. Stare decisis plays a crucial role in maintaining the integrity of the judicial system by promoting fairness and reducing arbitrary decision-making.
4. While stare decisis encourages adherence to precedent, courts can overturn previous decisions if they find them to be incorrect or outdated, reflecting the evolving nature of law.
5. The application of stare decisis varies between jurisdictions; for example, common law systems rely heavily on this principle, whereas civil law systems may place less emphasis on judicial precedents.

Review Questions

• How does stare decisis promote consistency and predictability within the legal system?
  • Stare decisis promotes consistency and predictability by requiring courts to follow established precedents when deciding cases. This reliance on past rulings ensures that similar cases are treated alike, which fosters trust in the legal system among the public. It helps individuals understand what the law is likely to be in future cases based on established judicial decisions, thereby reducing uncertainty in legal outcomes.
• What are some circumstances under which a court might choose to overturn a precedent established by stare decisis?
  • A court might choose to overturn a precedent if it determines that the previous ruling was incorrect based on new evidence or a change in societal values. Additionally, if a precedent is found to create unjust outcomes or conflicts with more recent legal standards or constitutional interpretations, a court may decide that it is time to move away from that precedent. Such actions demonstrate the balance between respecting past decisions and adapting to current needs.
• Evaluate how stare decisis impacts the relationship between different levels of courts within a judicial system.
  • Stare decisis significantly shapes the relationship between different levels of courts by establishing a hierarchy of authority in legal rulings. Higher courts set binding precedents that lower courts are obligated to follow, creating a structured framework within which legal interpretations are made. This hierarchical relationship promotes uniformity in legal decisions across various jurisdictions, but it also allows for potential conflict when lower courts feel compelled to apply precedents they believe are no longer relevant. Ultimately, this dynamic reflects both stability in law and an ongoing dialogue about its interpretation.

Related terms

Precedent: A legal decision or form of case law that serves as an authoritative rule or example in subsequent cases.

Judicial Activism: The judicial philosophy that advocates for judges to interpret laws and the Constitution in a way that reflects contemporary values and conditions, potentially deviating from established precedents.

Legal Certainty: The principle that laws should be clear, publicized, stable, and applied evenly, providing individuals with assurance about their rights and obligations.