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
- 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.”
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| Stare Decisis | Stare Decisis in the Australian Legal Encyclopedia. |
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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.”
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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
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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
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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.
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