Stare decisis

Definition

Stare decisis is a legal principle that mandates courts to follow the precedents established in previous cases when making decisions in new cases. This principle ensures consistency and predictability in the law, as it compels courts to adhere to established rulings, thereby promoting stability in legal interpretations and outcomes.

5 Must Know Facts For Your Next Test

1. Stare decisis means 'to stand by things decided' in Latin, reflecting its core function in maintaining legal consistency.
2. The principle of stare decisis applies primarily to higher courts, meaning lower courts are bound to follow the decisions of higher courts in their jurisdiction.
3. While stare decisis promotes stability, courts can overturn precedents if there is a strong justification, such as changes in society or a recognition that the prior decision was incorrect.
4. In the U.S., the Supreme Court's decisions set binding precedents for all lower federal courts, while state supreme courts set precedents for state courts.
5. The doctrine of stare decisis helps to limit the arbitrary exercise of judicial power by ensuring that similar cases are treated similarly.

Review Questions

• How does the principle of stare decisis influence the way courts handle similar cases over time?
  • The principle of stare decisis influences courts by requiring them to follow established precedents when ruling on similar cases. This creates a framework where past judicial decisions serve as guiding references, ensuring that similar facts lead to similar outcomes. By adhering to this principle, courts contribute to the predictability and reliability of the law, which helps individuals and businesses understand their rights and obligations under legal statutes.
• What are some implications of a court deciding to overturn a previous ruling based on stare decisis?
  • When a court decides to overturn a previous ruling based on stare decisis, it can lead to significant legal and social implications. This act can signal a shift in legal interpretation and societal values, reflecting changes in public policy or morality. Overturning precedent may create uncertainty as new rulings take effect, affecting not only the parties involved in the case but also future cases and potentially altering established norms within the legal system.
• Evaluate how stare decisis contributes to the balance between legal consistency and necessary legal evolution within the judicial system.
  • Stare decisis plays a crucial role in balancing legal consistency with the need for evolution in the law. On one hand, it promotes stability by requiring courts to adhere to established rulings, which helps citizens understand their rights under consistent legal standards. On the other hand, it allows for necessary legal evolution by providing mechanisms for overruling outdated or unjust precedents when societal values change. This duality enables the law to adapt while still maintaining a foundation of reliability, ensuring that justice can evolve alongside societal norms without descending into chaos.

Related terms

Precedent: A legal decision or form of case law that serves as an authoritative rule or example for future cases with similar facts or issues.

Judicial Activism: A philosophy where judges interpret laws and the Constitution with a focus on addressing social issues, often leading to changes in legal precedents.

Common Law: A body of unwritten laws based on judicial decisions and precedents rather than statutes, which is heavily influenced by the principle of stare decisis.