What does 'stare decisis' mean?

What does 'stare decisis' mean?

• A. To stand by things decided.
• B. To decide things quickly.
• C. To consult secondary authorities.
• D. To publish decisions.

Answer: (A)

Stare decisis means to stand by things decided. It is the doctrine that past court decisions establish binding rules for future cases that involve similar questions or facts. This creates consistency and predictability in the law because arguments and expectations can rely on established precedents. In practice, courts apply the rule from a controlling precedent unless there’s a good reason to distinguish the current case from the earlier one or to overturn it, typically by a higher court or through later decisions. The binding element is the ratio decidendi—the reasoning necessary to support the decision—while obiter dicta (extra observations) aren’t binding but can guide future analysis. So the phrase captures the idea of not overturning settled decisions lightly, but instead standing by them to maintain stable, predictable law.

Stare decisis means to stand by things decided. It is the doctrine that past court decisions establish binding rules for future cases that involve similar questions or facts. This creates consistency and predictability in the law because arguments and expectations can rely on established precedents. In practice, courts apply the rule from a controlling precedent unless there’s a good reason to distinguish the current case from the earlier one or to overturn it, typically by a higher court or through later decisions. The binding element is the ratio decidendi—the reasoning necessary to support the decision—while obiter dicta (extra observations) aren’t binding but can guide future analysis. So the phrase captures the idea of not overturning settled decisions lightly, but instead standing by them to maintain stable, predictable law.