Stare Decisis

Stare Decisis in the United States

Latin for “let the decision stand.” Stare Decisis (Judicial Function) holds that once a principle of law is established for a particular legal situation, courts should adhere to that principle in similar cases in the future. The case in which the rule of law is established is called a precedent. Indeed, the doctrine holds that a previous decision is binding on any question subsequently arising under the rule of law established by it. Precedents are the source of common law. A precedent may be established when a court considers a novel legal issue or offers an interpretation on a statute.

See Also

Common Law (Judicial Function) Precedence (Judicial Function).

Analysis and Relevance

Stare Decisis (U.S.) creates and maintains stability and predictability in the law. It creates a large body of settled usages that define common law. Precedents may be modified or abandoned if circumstances require, but the expectation is that rules from previously adjudicated cases will prevail. In addition to heightening stability and predictability, Stare Decisis (U.S.) also serves a pragmatic function for the courts: reliance on past decisions reduces whatever risk may be associated with new legal directions.

Notes and References

  1. Definition of Stare Decisis from the American Law Dictionary, 1991, California

Stare Decisis Definition

To abide by or adhere to decided cases. It is a general rule that, when a point has been settled by a decision, it becomes a precedent which should be followed in subsequent cases before the same court. The rule is based wholly on policy, in the interest of uniformity and certainty of the law, but is frequently departed from. See “Rule of Property.”

Stare Decisis in Foreign Legal Encyclopedias

Link Description
Stare Decisis Stare Decisis in the World Legal Encyclopedia.
Stare Decisis Stare Decisis in the European Legal Encyclopedia.
Stare Decisis Stare Decisis in the Asian Legal Encyclopedia.
Stare Decisis Stare Decisis in the UK Legal Encyclopedia.
Stare Decisis Stare Decisis in the Australian Legal Encyclopedia.

Back to Top

When starting research in the law of a foreign country it is often essential to have some sense of what publications are available and in what sources research is best conducted. The Encyclopedia has several Guides to Sources of Basic Legislation which describes resources in international and foreign law, including digests, legislation, codes and secondary sources. There is also a set of surveys of the legal systems of more than 100 jurisdictions, including history, major legal concepts and the structure of the court system.

Browse the American Encyclopedia of Law for Stare Decisis

Scan Stare Decisis in the appropriate area of law:

Link Description
Stare Decisis Stare Decisis in the Family Law Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the IP Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Commercial Law Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Criminal Law Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Antritrust Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Constitutional Law Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Tax Law Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the and Finance and Banking Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Employment and Labor Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Stare Decisis Stare Decisis in the Environmental Law Portal of the American Encyclopedia of Law.

Back to Top

Explore other Reference Works

Resource Description
Stare Decisis in the Dictionaries Stare Decisis in our legal dictionaries
Find legal topics Browse topics from the American Encyclopedia of Law
Legal Abbreviations and Acronyms Find the meaning of more than 30.000 legal abbreviations and acronyms
Browse the Legal Thesaurus Find synonyms and related words by area of law (see below)
Metadata Hierarchical collection of data
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
https://lawi.us/stare-decisis The URI of Stare Decisis (more about URIs)
Stare Decisis related entries Find related entries of Stare Decisis

Back to Top

Legal Issue for Attorneys

To abide by or adhere to decided cases. It is a general rule that, when a point has been settled by a decision, it becomes a precedent which should be followed in subsequent cases before the same court. The rule is based wholly on policy, in the interest of uniformity and certainty of the law, but is frequently departed from. See “Rule of Property.”

Index Description
General Index Index of general information about the Encyclopedia
Classified index Headings arranged on the basis of relations among concepts represented by headings, based on the Lawi Classification Scheme
Topical Index A comprehensive and easy guide to the topics of the legal Encyclopedia
Citation Index Index of links between citing and cited entries
Subject Index Identify and describe the subjects of the Encyclopedia
Alphabetical Index A-Z Index of all the Entries
Thematic Index Correlation of terms in a meaningful hierarchical order
Permutation Index A type of index in which significant words in the titles function as subject headings
Browse Index Browse the Encyclopedia by Index
Sitemap Index Sitemap Index, including Taxonomies

Back to TopHistorical MaterialsHistorical Encyclopedic EntriesLegal Books of the 20th CenturyLaw Books and Documents of the 20th CenturyHistorical Law DocumentsHistorical Law Books and Documents

Back to Top

Notice

 

This definition of Stare Decisis Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Stare Decisis

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 376 STARE DECISIS(Latin: “to stand by decided [cases The doctrine of stare decisis, one of the key elements of Anglo-American common law, embodies the principle that precedents are to be followed in the adjudication of cases. The substance of the law is revealed through the decisions of courts in cases
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Stare Decisis

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled STARE DECISIS Stare decisis, or the principle of following precedent, is uncertain as to both its scope and its strength. With respect to its scope, there are three basic models of what it means to follow precedent.Under the first model of stare decisis, a court follows precedent if it
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Concept of Stare Decisis

In the U.S., in the context of Judiciary power and branch, Stare Decisis has the following meaning: A Latin phrase (meaning to stand by decided matters) used to describe a court’s posture of relying on precedent (past decisions) to formulate decisions on new cases. (Source of this definition of Stare Decisis : University of Texas)

Stare Decisis

Meaning of Stare Decisis

In plain or simple terms, Stare Decisis means: The doctrine that once a principal of law has been determined to be applicable to certain facts, that principle will be followed in future cases involving the same facts.

Basic Meaning of Stare Decisis

Stare Decisis means: a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same; to stand by things decided.

Stare Decisis (Decisions)

This section introduces, discusses and describes the basics of stare decisis. Then, cross references and a brief overview about Decisions is provided. Finally, the subject of Agency Adjudication in relation with stare decisis is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

Meaning of Stare Decisis

In plain or simple terms, Stare Decisis means: The doctrine that once a principal of law has been determined to be applicable to certain facts, that principle will be followed in future cases involving the same facts.

Basic Meaning of Stare Decisis

Stare Decisis means: a policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same; to stand by things decided.

Resources

See Also

 

 

Case Law; Judicial Review.

Judicial Review.

Further Reading (Books)

Kairys, David. “Legal Reasoning.” In The Politics of Law: A Progressive Critique. Edited by David Kairys. New York: Pantheon Books, 1982.

Llewellyn, Karl N. The Common Law Tradition: Deciding Appeals. Boston: Little, Brown, 1960.

Rantoul, Robert, Jr. “Oration at Scituate: Delivered on the Fourth of July, 1836.” In Perry Miller, ed., The Legal Mind in America: From Independence to the Civil War. Garden City, N.Y.: Doubleday, 1962.

Tocqueville, Alexis de. Democracy in America. Edited by J. P. Mayer. Translated by George Lawrence. New York: Harper Perennial, 1988.

John R.Schmidhauser/c. p.

Further Reading (Articles)

Stare Decisis and Foreign Affairs, Duke Law Journal; February 1, 2012; Van Alstine, Michael P.

Abrogating Stare Decisis by Statute: May Congress Remove the Precedential Effect of Roe and Casey?, The Yale Law Journal; May 1, 2000; Paulsen, Michael Stokes

Stare Decisis and the Rule of Law: A Layered Approach, Michigan Law Review; October 1, 2012; Waldron, Jeremy

Stare Decisis (Update), Encyclopedia of the American Constitution; January 1, 2000

Stare Decisis in a Classical and Constitutional Setting: A Comment on the Symposium, Ave Maria Law Review; January 1, 2007; Smith, Steven D.

“Stare Decisis” and Constitutional Supremacy: Will Our Charter Past Become an Obstacle to Our Charter Future?, Mondaq Business Briefing; October 21, 2013

A Constitutional Significance for Precedent: Originalism, Stare Decisis, and Property Rights, Ave Maria Law Review; January 1, 2007; Price, Polly J.

Taking Stare Decisis Seriously, The Journal Jurisprudence; July 1, 2011; Wilson, James G.

The Power of the Past: Towards De Jure Stare Decisis in WTO Adjudication (Part Three of a Trilogy), The George Washington International Law Review; January 1, 2001; Bhala, Raj

Anarchy or Anglo-American jurisprudence? The doctrinal effect of stare decisis upon bankruptcy courts in the face of district court precedents., Florida Bar Journal; December 1, 2002; Muniz, H. Michael

Stare Decisis, Chevron, and Skidmore: Do Administrative Agencies Have the Power to Overrule Courts?, William and Mary Law Review; October 1, 2002; Dame, Paul A.

Stare decisis and constitutional text., Michigan Law Review; October 1, 2011; Mitchell, Jonathan F.

Stare Decisis V. the “New Authority”: The Michigan Supreme Court’s Practice of Overruling Precedent, 1998-2002, Albany Law Review; March 22, 2003; Delaney, Sarah K.

Originalism, Stare Decisis and the Promotion of Judicial Restraint, Constitutional Commentary; June 22, 2005; Merrill, Thomas W.

Foolish Consistency: On Equality, Integrity, and Justice in Stare Decisis, The Yale Law Journal; June 1, 1996; Peters, Christopher J.

Originalism and Precedent: Principles and Practices in the Application of Stare Decisis, Ave Maria Law Review; September 22, 2007; Dougherty, Richard J.

Stare Decisis, Canadian Encyclopedia; January 1, 2012; JOHN E.C. BRIERLEY

Is Link Rot Destroying Stare Decisis as We Know It? the Internet-Citation Practice of the Texas Appellate Courts, Journal of Appellate Practice and Process; September 22, 2012; Torres, Arturo

ORIGINALISM AND STARE DECISIS, Harvard Journal of Law & Public Policy; January 1, 2011; Markman, Stephen

Meaning of ‘Stare Decisis’, AP Online; September 13, 2005

Stare Decisis meaning

The rule that a court must follow the decisions of earlier courts. This rule does not exist de jure in French civil law but is recognized de facto in German law.
Ballard County v. Kentucky County Debt Commision, 290 Ky. 770, 162 S.W.2d 771, 773.

Stare Decisis in the Context of Law Research

The Thurgood Marshall School of Law Library defined briefly Stare Decisis as: The doctrine of English and American law that states that when a court has formulated a principle of law as applicable to a given set of facts, it will follow that principle and apply it in future cases where the facts are substantially the same. It connotes the decision of present cases on the basis of past precedent.Legal research resources, including Stare Decisis, help to identify the law that governs an activity and to find materials that explain that law.

Stare Decisis in the context of Juvenile and Family Law

Definition ofStare Decisis, published by the National Council of Juvenile and Family Court Judges: Lit., “To stand by the decision”; legal doctrine which requires adherence to legal precedents (decisions of appellate courts) until they are overruled by the same or higher courts.

Stare Decisis: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Stare Decisis. This part provides references, in relation to Stare Decisis, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Stare Decisis by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Stare Decisis and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Stare Decisis or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Stare Decisis and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Stare Decisis. Finding these decisions can be challenging. In many cases, researchers about Stare Decisis should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Stare Decisis when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

Leave a Comment