stare decisis

[ stair-ee di-sahy-sis ]

Phonetic (Standard)IPA

noun

, Law.

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 “to stand on the decisions.” It expresses the common law doctrine that court decisions should be guided by precedent .

First recorded in 1855–60, stare decisis is from Latin stāre dēcīsīs “to stand by things (that have been) settled”

Stare decisis is, after all, the bedrock principle of the rule of law.

Even Roe v. Wade, which did not involve stare decisis, was a 7-2 vote.

Similarly, Samuel Alito testified to the Senate that the doctrine of stare decisis is "a fundamental part of our legal system."

It is not to be denied that there is some difficulty in stating with accuracy the limits of the rule stare decisis.

Moreover the common law insists upon its doctrine of stare decisis chiefly in the two cases of property and commercial law.

Stare decisis was a maxim that did not trouble the average lawyer, for there were few decisions to stand upon.

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