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🔁 Stare Decisis

The doctrine that courts should follow established precedent.

Stare Decisis

Legal systems value continuity. Stare decisis is the doctrine that courts should adhere to precedents established in prior decisions when deciding new cases with similar issues.

Vertical stare decisis binds lower courts to higher-court rulings; horizontal stare decisis describes a court’s practice of following its own earlier decisions. The doctrine is not absolute—courts may overrule precedent that is clearly wrong, unworkable, or outdated—but departure requires reasoned justification.

Stare decisis promotes predictability, efficiency, and legitimacy by showing that outcomes rest on principle rather than the identity of the decision-maker. Lawyers structure entire litigation strategies around the matrix of binding and persuasive authority it creates.

Comments (2)

  1. Ken H.
    Stare decisis is what makes the law predictable. Without it every case would be decided from scratch.
  2. Diane S.
    The Supreme Court can overturn precedent but it's rare and controversial when it happens. Stare decisis is a strong norm.

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