Briefly explain the operation of the stare decisis rule

1 answer:

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Stare decisis is a legal doctrine that necessitates courts to follow historical cases when creating a ruling on a similar current or future case. Stare decisis safeguards that cases with identical facts be approached in the same way, except overruled by the same court or a higher court such as the US Supreme Court. Simply put, it binds courts to follow legal precedents set by previous decisions. Stare decisis is a Latin term meaning "to stand by that which is decided". The US common law system has a integrated system of determining legal matters from the principle of stare decisis and precedent. A past ruling or judgment on any circumstance is known as a precedent. Stare decisis commands that courts look to precedent when overseeing an on-going case with similar circumstances.

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