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stare decisis |
Also found in: Legal, Wikipedia | 0.04 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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Although the plurality all but conceded that the Court had decided Roe incorrectly, they nevertheless held that stare decisis demanded they not reverse. In taking this stance, Lamer not only upheld the plain meaning of the law as originally understood, but also followed another cardinal principle of judicial interpretation--the rule of precedent known as stare decisis. What is the judge's take on stare decisis, the principle that the court is bound by precedent, and how does it apply to Roe? |
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stare decisis