Stare decisis is a Latin term meaning “let the decision stand.” It is a legal principle that courts are bound to follow previous decisions on a similar issue, resulting in consistent legal interpretations. This principle was developed in the English common law system and adopted in the United States as well.
When pursuing a case in court, those involved must abide by the precedent set by decisions made in similar cases from the past. By doing so, the court is able to ensure that all parties receive fair and equal treatment under the law. Again, this ensures some consistency in the legal system – even if people disagree with the decision made in similar past case.
Examples of Stare Decisis
For example, if a person is accused of committing a crime in a certain state, the court must take into consideration any prior rulings in similar cases. If similar rulings have established that a certain type of crime is punishable with a certain type of sentence, then the court may well be obligated to treat the accused in the same manner as other criminals charged with the same crime.
This also applies to civil court cases. Imagine a situation where someone is suing a company for damages. In this case, the court must consider past rulings on similar cases, and take into account guidelines on how such cases may be decided. The court may also consider an individual’s rights and responsibilities within the context of the past rulings.
Why Is Stare Decisis Important?
Stare decisis can be thought of as a legal strategy: it creates a certain degree of predictability in the legal system by establishing certain principles that all cases must adhere to. Without stare decisis, legal cases could end up much differently than expected, based solely on the individual circumstances of a particular case. This could decrease public trust in the legal system as a whole – which is why it is important for judges and attorneys to adhere to the principle of stare decisis.
Ultimately, the goal of stare decisis is to ensure that all parties receive fair and equal treatment under the law. This helps maintain public confidence in the legal system and provides legal certainty to everyone involved in a case – including attorneys, judges, and individuals.