December 16, 2022 - Understanding this foundational concept in the American legal system which holds that courts should honor precedent.

The previous deciding-court must have binding authority over the court; otherwise, the previous decision is merely persuasive authority. In Kimble v. Marvel Enterprises, the U.S. Supreme Court described the rationale behind stare decisis as “promot[ing] the evenhanded, predictable, and consistent ...

November 19, 2024 - Definition, background and critical analysis of the doctrine of stare decisis. Read cases that illustrate the doctrine's implications

An annotation about Article III, Section 1 of the Constitution of the United States.

1 week ago - Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as ...

June 25, 2020 - The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.

Stare decisis is a legal principle that means 'to stand by things decided,' and it emphasizes the importance of precedent in the judicial decision-making process. This principle ensures that courts follow established case law when making decisions, promoting stability and predictability in the law.

November 1, 2024 - The meaning of STARE DECISIS is a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice.

United States v. Hasan, 84 M.J. 181 (under the doctrine of horizontal stare decisis, an appellate court must adhere to its own prior decisions, unless it finds compelling reasons to overrule itself; however, applying stare decisis is not an inexorable command, and a court is not bound by precedent ...

The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.

The Penn Carey Law Legal Scholarship Repository is the institutional repository of the University of Pennsylvania Carey Law School. Its purpose is to collect and preserve the scholarly output of Penn Carey Law. This repository is a service of Biddle Law Library · Visit any of the disciplines ...

December 3, 2021 - Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.

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March 2, 2023 - North Carolina’s reconfigured supreme court will hear two recently decided democracy cases.

This Article fills a gap in existing scholarship by offering a comprehensive explanatory and functional theory of the role of the past as a constraint in domestic and global politics, or, in short, a theory of political stare decisis.

Read the latest content about Stare Decisis at Harvard Law Review.

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Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision ...

October 18, 2024 - Stare decisis, (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

Stare decisis has been called many things, among them "~a principle of policy, " "a series ofprudential and pragmatic considerations, " and simply "the preferred course. " Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules ...