stare decisis

/stair"ee di suy"sis/, 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.

[1855-60; < L stare decisis to stand by things (that have been) settled]

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(Latin; "let the decision stand")

In common law, the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty, consistency, and stability in the administration of justice.

Since no court decision can have universal application, the courts, in practice, must often decide that a previous decision does not apply to a particular case even though the facts and issues appear to be closely similar. A strict application of stare decisis may lead to rigidity and to legal hairsplitting, whereas too much flexibility may result in uncertainty.

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▪ law

      (Latin: “let the decision stand”), in Anglo-American law, principle that a question once considered by a court and answered must elicit the same response each time the same issue is brought before the courts. The principle is observed more strictly in England than in the United States. Since no court decision can have universal application, the courts, in practice, must often decide that a previous decision does not apply to a particular case even though the facts and issues appear to be closely similar. A strict application of stare decisis may lead to rigidity and to legal hairsplitting, whereas too much flexibility may result in uncertainty as to the law.

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