stare decisis

Examples of stare decisis in the following topics:

• Cases and the Law

  • Essentially, the body of common law is based on the principles of case precedent and stare decisis.
  • Stare decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions.
  • In other words, stare decisis applies to the holding of a case, or, the exact wording of the case.
  • In the United States Supreme Court, the principle of stare decisis is most flexible in constitutional cases:
  • Brandeis developed the idea of case law and the importance of stare decisis.

• Judicial Activism and Restraint

  • Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges.

• Primary Sources of American Law

  • However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and the Supreme Court will reverse any court that does so.
  • As common law courts, U.S. courts have inherited the principle of stare decisis.

• Common Law

  • As common law courts, U.S. courts have inherited the principle of stare decisis.
  • Only in a few limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis).