Stare Decisis

Definition

Stare decisis is a legal principle that obligates courts to follow the precedents established by previous judicial decisions. It is a fundamental tenet of the common law system, ensuring consistency, predictability, and stability in the application of the law.

5 Must Know Facts For Your Next Test

1. Stare decisis promotes the principle of consistency in the law, ensuring that similar cases are decided in a similar manner.
2. The doctrine of stare decisis allows for the gradual development and refinement of the law over time, as courts apply and interpret precedents.
3. Stare decisis is a key component of the common law system, which relies on judicial decisions to establish and shape the law.
4. Courts may choose to depart from precedent in certain circumstances, such as when the previous decision was clearly erroneous or when societal changes warrant a new interpretation.
5. The strength of the stare decisis doctrine varies across different legal systems and jurisdictions, with some courts placing greater emphasis on adhering to precedent than others.

Review Questions

• Explain how the principle of stare decisis contributes to the stability and predictability of the legal system.
  • The doctrine of stare decisis promotes stability and predictability in the legal system by requiring courts to follow the precedents established by previous judicial decisions. This ensures that similar cases are decided in a consistent manner, allowing individuals and businesses to rely on the law and plan their actions accordingly. Stare decisis also allows the law to evolve gradually over time, as courts apply and refine precedents to address changing societal needs, while maintaining a degree of continuity and certainty.
• Discuss the role of stare decisis in the common law system and its relationship to the concept of judicial review.
  • Stare decisis is a fundamental principle of the common law system, which relies on judicial decisions to establish and shape the law. The doctrine of stare decisis requires courts to follow the precedents set by previous rulings, allowing the law to develop and evolve over time through the application and interpretation of these precedents. This process is closely linked to the concept of judicial review, where courts have the power to review and potentially invalidate the actions of the legislative or executive branches of government. By adhering to stare decisis, courts can ensure a consistent and coherent legal framework, while also exercising their role in the system of checks and balances.
• Analyze the potential limitations or exceptions to the application of the stare decisis doctrine, and explain the circumstances under which a court may choose to depart from a previous precedent.
  • While the doctrine of stare decisis is a cornerstone of the legal system, there are circumstances in which a court may choose to depart from a previous precedent. Courts may decide to overrule a prior decision if it is found to be clearly erroneous or if significant changes in societal conditions or values warrant a new interpretation of the law. Additionally, the strength of the stare decisis doctrine can vary across different legal systems and jurisdictions, with some courts placing greater emphasis on adhering to precedent than others. In these cases, courts may balance the need for stability and predictability against the desire to ensure that the law remains responsive to evolving societal needs and changes. Ultimately, the application of stare decisis involves a careful consideration of the specific circumstances and the potential consequences of either adhering to or departing from a previous judicial decision.

Related terms

Precedent:

A previous legal case or judicial decision that serves as an example or authority for deciding subsequent similar cases.

Common Law:

A legal system based on judicial decisions and customary laws, as opposed to statutes or codified rules.

Judicial Review:

The power of a court to review and potentially invalidate the actions of the legislative or executive branches of government.