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stare decisis
[ stair-ee di-sahy-sis ]
noun
- 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.
stare decisis
- A Latin phrase that literally means āto stand on the decisions.ā It expresses the common law doctrine that court decisions should be guided by precedent .
51³Ō¹Ļ History and Origins
Origin of stare decisis1
Example Sentences
All said they respected stare decisis, the principle that justices should be guided by the decisions made by previous courts, such as Roe and Planned Parenthood vs.
Barry Friedman, a law professor at New York University and the author of a 2010 article on āstealth overruling,ā said such data have limitations in assessing the courtās commitment to the principle of stare decisis, legal Latin for āto stand by things decided.ā
āYou canāt look at historical figures about stare decisis and know anything,ā he said, ābecause sometimes courts and justices are honest about overruling precedent and sometimes they are not.ā
United States, declined to overrule Miranda because āstare decisis weighs heavily against overruling it now.ā
Given Thomasā famous disdain for stare decisis, it is mysterious, at best, that he relied on two such plainly erroneous precedents, which contradicted the plain text of the applicable rules.
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