According to the doctrine of stare decisis, lower courts must honor the findings of laws made by a higher court within the course of appeals when there are similarities in place for the matter at hand. When giving judgement in a case, the judge sets out the facts, states the applicable laws to them, and then provides their decision on the matter.
According to the Supreme Court, stare decisis “ promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.
"Stare decisis" is the legal principle that courts should make decisions the follow decisions made in previous cases that involve similar sets of facts and issues of law. The advantages are that...
"Stare decisis" is Latin for "stand by things decided".* In the simplest of terms, it is the doctrine of precedent, which is when an issue is brought to the court that has already been decided and there is a precedent--a case decided by the court that answers the issue before it--to that effect, and that is how the case should be decided.
A. The Costs of Stare Decisis in the FISA Context. The benefits of and justifications for stare decisis are discussed in the next Part, but it is important to establish as an initial matter that stare decisis also involves serious costs, which are exacerbated by the FISA courts’ secrecy and institutional context.
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are...
The notion of binding precedent goes hand in hand with the rule of stare decisis which assigns binding force to a number of precedents. In practice however, stare decisis is a flexible concept. Since a judicial opinion may be interpreted in different ways, judges have significant latitude even when dealing with binding precedent (Scanlon, 2004).
The doctrine of stare decisis is a limiting factor in the development of judge-made law. Practical law is founded on experience but the scope for further experience is restricted if the first case is binding. Next, doctrine of stare decisis ensures impartiality of judge. The interests of justice also demand impartiality from the judge.
Advantages and Disadvantages of Doctrine of Stare Decisis According to Wikipedia.com, Doctrine of Stare Decisis is the English system of precedent which is based on the Latin maxim: "Stare Decisis et Non Queita Movere", stand by what has been decided and do not unsettle the established.
Resolving the tension requires a normative theory that allows one to weigh the costs of interpretive error against the benefits of following precedent. Presumably, as the costs of interpretive error increase, the less likely the benefits of stare decisis will overcome the incentive to overrule the case.