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stare decisis
(redirected from Doctrine of precedent)

   Also found in: Legal, Wikipedia 0.01 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.



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The answer to that question lies in the concept of stare decisis (Latin for "to stand by the things decided"), which is the legal doctrine of precedent.
Originally, the Courts of Equity followed the broad notion of natural justice, and differed from the common law courts in that equity did not have fixed rules or strictly apply the doctrine of precedent (applying or following previous case law to determine the result in the case at bar).
Lee, Stare Decisis in Economic Perspective: An Economic Analysis of the Supreme Court's Doctrine of Precedent, 78 N.
 
 
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