The Latin term stare decisis refers to the doctrine of precedent, which obliges judges to make certain court decisions according to previous rulings made by a higher court in the same type of case.The purpose of stare decisis is to promote consistent, predictable rulings on cases of similar nature. While prior decisions often become precedent in the U.S., adherence is not absolute.
I have earlier examined the general scope of the doctrine of stare decisis which requires Supreme Court Justices to give great weight under appropriate circumstance to prior rulings of the Court ...
Board of Education(1954) on the basis of stare decisis, for example, but if the justices who handed down Brownhad felt similarly about the "separate but equal" pro-segregation precedent set in Plessy v. Ferguson(1896), stare decisiswould have prevented Brownfrom being handed down at all.
Stare decisis is the doctrine that obligates courts to look to precedent when making their decisions. These two principles allow American law to build case-by-case, and make our legal system a...
"Stare decisis thereby avoids the instability and unfairness that accompany disruption of settled legal expectations. For this reason, the rule of law demands that adhering to our prior case law be the norm. Departure from precedent is exceptional and requires special justification.”
Example of Stare Decisis and Use of Precedent 30 September, 2015 - 17:49 Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License .
Although the doctrine of stare decisis helps to promote predictability and order in our legal system, our system still must remain flexible, and the law must be capable of change. To do this, the same court that originally made a decision can also overrule itself and set a new precedent. For example, in the case of Brown v.
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 ...
Stare Decisis. Related Content. ... Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision.
American law operates under the doctrine of stare decisis, which means that prior decisions should be maintained -- even if the current court would otherwise rule differently -- and that lower courts must abide by the prior decisions of higher courts. The idea is based on a belief that government needs to be relatively stable and predictable.