11 Facts About Stare decisis

Stare decisis is a legal principle by which judges are obligated to respect the precedent established by prior decisions.

Concept of super-stare decisis was mentioned during the hearings of Chief Justice John Roberts and Justice Samuel Alito before the Senate Judiciary Committee.

Stare decisis revisited this concept during the hearings, but neither Roberts nor Alito endorsed the term or the concept.

In cases involving the Federal Constitution the position of this Court is unlike that of the highest court of England, where the policy of stare decisis was formulated and is strictly applied to all classes of cases.

Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et non quieta movere—"to stand by and adhere to decisions and not disturb what is settled".

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Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.

Stare decisis reduces the number and scope of legal questions that the court must resolve in litigation.

Stare decisis applies to the holding of a case, rather than to obiter dicta.

Roberts wrote, “The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike.

Stare decisis provides continuity to our system, it provides predictability, and in our process of case-by-case decision-making, I think it is a very important and critical concept.

Stare decisis argued that courts should ban the citation of persuasive authority from outside their jurisdiction and force lawyers and parties to argue only from binding precedent, subject to two exceptions:.