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stare decisis |
Also found in: Legal, Wikipedia | 0.09 sec. |
stare decisis(Latin; “let the decision stand”) In common law, the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty, consistency, and stability in the administration of justice. Since no court decision can have universal application, the courts, in practice, must often decide that a previous decision does not apply to a particular case even though the facts and issues appear to be closely similar. A strict application of stare decisis may lead to rigidity and to legal hairsplitting, whereas too much flexibility may result in uncertainty. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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But the 20th century has brought some changes in judges' understanding of the doctrine of precedent. |
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