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Stare Decisis

Stare decisis, which comes from the Latin phrase stare decisis et non quieta movere meaning "to stand by decisions and not disturb settled matters” is a legal doctrine that obligates the courts to give similar and related verdicts based on precedents. It is a means of ensuring uniformity of judgment and consistency in the administration of laws throughout multiple jurisdictions. A court will respect the principle of stare decisis only if the decision in a previous case is considered to be sound and appropriate in the same circumstances.

The U.S. Supreme Court is the primary source for determining and setting the standard for legal precedent that all other courts must comply with. All other courts, including those in state, local, and territorial jurisdictions, are bound by the decisions of the Supreme Court in similar cases. This is the “supremacy clause” of the Constitution, which means that rulings of the Supreme Court are binding on all other courts. An individual state’s decision cannot override a faithful application of Supreme Court precedents.

The Supreme Court may hear appeals of cases only if they involve a substantial dispute as to federal law, when there are conflicts between different courts of appeals or when an important questions of federal law has arisen; in such cases, it is the final arbiter of justice in the United States. It has the power to reverse, modify or affirm the decision of a lower court.

The purpose of stare decisis is to maintain consistency, fairness and predictability in the application of the law. It ensures that the law is applied in a consistent manner, without arbitrarily discriminating between individuals. The doctrine of stare decisis makes it clear that similar cases should render the same verdict. This also helps to ensure that court decisions reflect the current public policy.

Stare decisis is a critically important principle of law that creates predictability and uniformity in the law. It primes the legal system to be fair while still allowing each case to be viewed on its own merits. It helps to ensure that courts are guided by history and therefore it is used to stabilize the legal system.

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