What is the meaning of 'stare decisis'?

Explore the US Judicial System. Study with flashcards and multiple-choice questions, each with hints and explanations. Prepare for your exam!

Multiple Choice

What is the meaning of 'stare decisis'?

Explanation:
Stare decisis means standing by decided cases. It’s the rule that courts should follow previously settled decisions when the same legal issues come up, which gives stability and predictability to the law. Once a court has interpreted a rule in a particular way, that interpretation becomes precedent that guides future decisions. This doesn’t lock the law in stone—courts can overrule or distinguish precedent when the facts differ or when higher courts change the rule—but it emphasizes sticking to established rulings unless there’s a strong reason to depart. This idea is fundamental to the common-law system, where many rules develop from judicial decisions rather than statutes. It’s not about how judges are chosen, nor about judicial activism, nor about publishing opinions—those are separate aspects of the legal process.

Stare decisis means standing by decided cases. It’s the rule that courts should follow previously settled decisions when the same legal issues come up, which gives stability and predictability to the law. Once a court has interpreted a rule in a particular way, that interpretation becomes precedent that guides future decisions. This doesn’t lock the law in stone—courts can overrule or distinguish precedent when the facts differ or when higher courts change the rule—but it emphasizes sticking to established rulings unless there’s a strong reason to depart. This idea is fundamental to the common-law system, where many rules develop from judicial decisions rather than statutes. It’s not about how judges are chosen, nor about judicial activism, nor about publishing opinions—those are separate aspects of the legal process.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy