It means whatever is the principle used in a previous case, you can use it on the other case. To make it more concrete, it is applicable only to civil law systems like USA and not to common law. If X gets punished because of a crime, then Y should also get punished the same way if he committed a similar crime.
If the law allows candidate A to post campaign ads, then be should also be allowed provided they are the same.
Without stare decisis, the decisions may be conflicting BUT it makes studying laws easier. At least no precedent cases to study that is why US lawyers are subjectively better than Europian lawyers. (By standards of diligence and hard work ONLY)
2006-08-02 18:48:49
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answer #1
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answered by Flordeluna A 2
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Stare decisis means that the decision in a case is the law applicable to other cases filed in court with the same facts, issues, claims and events.
2006-08-02 20:15:03
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answer #2
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answered by FRAGINAL, JTM 7
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it's a legal term meaning law is settled, or follows prior precedent.it is most commonly used when discussing some aspect of law which some people want to change, or keep. a good example is a ruling by the us supreme court. the doctrine of stare decisis means that lawsuits of a similar nature will be decided based on the case already decided also called the precedent.
2006-08-02 18:44:28
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answer #3
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answered by de bossy one 6
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Stare decisis (Latin: [ˈstareː ˈdekisis], Anglicisation: [ˈstaːɹi dəˈsaɪsɪs], "to stand by things decided") (more fully, "stare decisis et non quieta movere") is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.
This doctrine is not held within most civil law jurisdictions as it is argued that this principle interferes with the right of judges to interpret law and the right of the legislature to make law. Most such systems, however, recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner. Therefore, judges' right to interpret law does not preclude the adoption of a small number of selected binding case laws.
2006-08-02 18:40:11
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answer #4
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answered by fakemoonlandings 5
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Stare decisis (Latin: [ˈstareː ˈdekisis], Anglicisation: [ˈstaːɹi dəˈsaɪsɪs], "to stand by things decided") (more fully, "stare decisis et non quieta movere") is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.
This doctrine is not held within most civil law jurisdictions as it is argued that this principle interferes with the right of judges to interpret law and the right of the legislature to make law. Most such systems, however, recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner. Therefore, judges' right to interpret law does not preclude the adoption of a small number of selected binding case laws.
2006-08-02 18:39:58
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answer #5
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answered by tough as hell 3
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In law, stare decisis refers to precedents set by former cases, etc.
2006-08-02 18:40:07
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answer #6
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answered by Anonymous
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Latin (Legal) -- Let the decision stand. A higher court says this when it refuses to overturn a lower court's decision.
2006-08-02 18:40:14
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answer #7
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answered by Anonymous
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It is Latin for "let the decision stand," or something like that. It's basically the concept of precedent.
2006-08-02 18:40:13
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answer #8
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answered by trinitytough 5
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stand by what was decided in a previous court with a similar case
2006-08-02 18:39:49
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answer #9
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answered by Rock 4
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Follow the precedent and let it stand
2006-08-02 18:40:12
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answer #10
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answered by LORD Z 7
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