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"Stare decisis" is the legal principle that courts should make decisions the follow decisions made in previous cases that involve similar sets of facts and issues of law.
The advantages are that there is a stability in law so that people know what is allowable and what is not. This helps them know what and what not to do in taking future actions. It also tends to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to.
A disadvantage is that as life progresses and evolves, the law should too. What was acceptable a hundred years ago might not be in a modern society. The best example is in 1896 the US Supreme Court ruled that segregated public facilities was constitutional as long as they were equal. In 1956, the Supreme Court ruled that separate but equal facilities were inherently unequal and therefore unconstitutional. In 1956, if the Supreme Court had blindly followed the principle of stare decisis, it would have ruled that segregation was permissible.
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Disadvantages of stare decisis?
Stare decisis is the legal doctrine of deferring to the judgment of past courts. This is often called "precedent." The disadvantage is that it makes the law inflexible, and can prevent courts from correcting poor decisions. It also causes them to repeat the mistakes of past courts.
Can stare decisis be overturned in legal cases?
Yes, stare decisis can be overturned in legal cases. Stare decisis is the principle of following precedent, but higher courts have the authority to overturn previous decisions if they believe it is necessary to do so.
Why is the doctrine of the stare decisis important?
The requirement that a lower court must follow a previously set precedent is called stare decisis.
The habit of using a court's decision in one case as the rule for deciding other cased like it?
stare decisis(NovaNet)
What is the origin of the term stare decisis?
Latin
Let the decision stand?
stare decisis
What country was stare decisis was developed in?
england
When the supreme courts hands down a decision in a case that upholds a previous ruling the justices are said to be following which principle?
Stare Decisis
What part of a court's decision forms the basis of stare decisis?
Only the ratio decidendi is accorded stare decisis status. Everything else is obiter dictum.
What doctrine requires courts to follow authoritative prior decisions when ruling on a case?
This legal doctrine is known as stare decisis, a latin term which means to stand by decisions and not disturb the undisturbed. A prior judicial decision is commonly referred to as a precedent.
What is adherence to a legal precedence called?
Stare decisis
What is the latin term for standing by decided matters?
stare decisis
