Stare decisis
Definition
Stare decisis is a legal doctrine that obliges courts to follow historical cases when making a ruling on a similar case.
Analogy
Stare decisis is like following your grandma's recipe when baking cookies. You stick with what has been proven successful in the past instead of experimenting with new ingredients each time you bake.
Related terms
Precedent: As mentioned above, this refers to an earlier event or action regarded as an example or guide for future circumstances.
Common law: This is law developed by judges through decisions of courts and similar tribunals (as opposed to statutes adopted through the legislative process).
Legal principle: A fundamental truth or proposition that serves as the foundation for a system of belief, behavior or chain of reasoning.
"Stare decisis" appears in:
Study guides (1)
Practice Questions (7)
- What is the principle of stare decisis?
- In which legal system is the principle of stare decisis strongly emphasized?
- What does the principle of stare decisis refer to in the legal system?
- Why has "stare decisis" been a persistent principle in American jurisprudence?
- What aspect of stare decisis did Obergefell v. Hodges exemplify?
- How does the practice of stare decisis in the judicial branch find a parallel in other branches of government?
- What does "Stare Decisis" refer to within Supreme Court procedures?
Resources
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