Under stare decisis, once a court has answered a question, the same question in other cases must elicit the same response from the same court or lower courts in that jurisdiction. The principle of stare decisis was not always applied with uniform strictness.
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar current or future case. Stare decisis ensures that cases with identical facts ...
Stare decisis definition, the doctrine that rules or principles of law on which a court rested a previous decision are authoritative in all future cases in which the facts are substantially the same. See more.
Stare decisis definition is - a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice.
Stare decisis is a legal principle which dictates that courts cannot contravene precedent. They must uphold prior decisions, to literally “stand by previous decisions.” Many legal system include the doctrine of stare decisis in their legal structure and this doctrine can be applied to many different types of cases.
Definition of stare decisis: Legal maxim that once a principle of law has been determined by an appellate court to be applicable to the facts of a case, it will be followed in the future cases involving substantially identical ...
Definition of Stare Decisis. Pronounced. ster-ē-di-ˈsī-səs. Noun. A legal doctrine in which a decision previously reached by a court is used as authority in all future cases that are based on the same basic circumstances or facts.
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The word means, literally and legally, the decision. Under the doctrine of stare decisis a case is important only for what it decides — for the "what", not for the "why", and not for the "how". Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.
Stare decisis is typically used by common law legal systems. Civil law legal systems, however, place a stronger reliance upon statutes and ordinances for precedent. Every state in the United States use a common law system (which means they rely upon stare decisis), except for Louisiana, which retains a civil law legal system. Therefore, while ...