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Stare decisis is a Latin term that means “to stand by things decided.” It is a legal doctrine that establishes a system of legal precedent that courts use when making decisions in cases that have similar issues or facts. Simply put, stare decisis means that once a court has made a decision on a particular legal issue, that decision should be followed by other courts when deciding similar cases in the future.
The principle of stare decisis has a great impact on legal precedent. It allows for consistency and predictability in the judicial system, as lower courts must follow the rulings of higher courts. The doctrine rests upon the belief that the law should be stable and predictable and that legal decisions should be made based on past decisions that have been thoroughly considered by judges.
Stare decisis operates in two ways: vertical and horizontal. Vertical stare decisis refers to the principle that lower courts must follow the precedent set by higher courts. For example, if the U.S. Supreme Court issues a ruling on a particular issue, all lower courts must follow that ruling when deciding similar cases. Horizontal stare decisis, on the other hand, refers to the principle that courts at the same level must follow the precedent set by each other. For example, if a state appellate court decides a case a particular way, then other state appellate courts should follow this ruling when deciding cases that have similar issues or facts.
There are several reasons why the doctrine of stare decisis is important. First, it provides predictability and consistency, which are essential qualities for any legal system. Second, it allows for the efficient resolution of legal disputes by relying on previously established legal principles. Third, it contributes to the integrity of the judicial system by establishing an authoritative body of legal principles.
However, there are also some criticisms of the doctrine of stare decisis. One of the primary criticisms is that it can be rigid and inflexible. Stare decisis can prevent the development of new legal theories or approaches because courts are bound to follow previous decisions, even if those decisions were made under different circumstances. Additionally, some argue that stare decisis can perpetuate legal mistakes or outdated approaches because courts are required to follow previous rulings even if they are flawed.
Overall, the doctrine of stare decisis is an essential part of the legal system that helps ensure consistency and predictability. While it has its limitations and criticisms, it remains an essential tool for establishing legal precedent and providing a clear framework for judicial decision-making.
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