What is this doctrine? What does this doctrine have to do with the American legal system?

Question

In a lawsuit between Digital Sales Corporation and Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?

Answer 1

Stare decisis (Latin: [ˈstaːre deːˈkiːsiːs], Anglicisation: [ˈsteɹɪ diˈsaɪsɪs], "to stand by things decided") is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. More fully, the legal term is "stare decisis et non quieta movere" meaning "stand by decisions and do not move that which is quiet" (the phrase "quieta non movere" is itself a famous maxim akin to "let sleeping dogs lie").

In the United States, which uses a common law system in its federal courts, the Ninth Circuit Court of Appeals has stated:

Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et non quieta movere — "to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision. Nor is the doctrine stare dictis; it is not "to stand by or keep to what was said." Nor is the doctrine stare rationibus decidendi — "to keep to the rationes decidendi of past cases." Rather, under the doctrine of stare decisis a case is important only for what it decides — for the "what," not for the "why," and not for the "how." Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.[1]

In other words, stare decisis applies to the holding of a case, rather than to obiter dicta. As the United States Supreme Court has put it: "dicta may be followed if sufficiently persuasive but are not binding."[2]

The doctrine that holdings have binding precedential value is not valid 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.

Answer 2

The doctrine of stare decisis says that if an appellate court has already decided an issue then the principle established by the court should not be disturbed. The next time the issue is raised in the appellate court that court should fall back on the prior decision.

It is when a court establishes a precedent and then the issue is raised again later. The later court should fall back on stare decisis, the already established law.

By the way there are two ways that laws can be made, of course the first is by the legislature who has the responsibility to write the laws, and the second is by decision by our justices in our courts.

Answer 3

Stare decisis
From Wex, everyone's resource for law learning

Latin for "to stand by things decided." Stare decisis is essentially the doctrine of precedent. Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. Generally, courts will adhere to the previous ruling, though this is not universally true. See, e.g., Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 US 833 (1992).

Answer 4

Stare decisis means to follow past precedent, not to upset a past legal precedent that's been established in a previous case. Many courts in the American legal system will use this as a reason not to overturn a case. A good example is Roe v. Wade (the abortion case). A judge might say that he/she will not overturn Roe v. Wade because of the princples of stare decisis.

I just read an answer above that says it about following a higher court's decision...that's not right, because a court will enforce its OWN prior decisions under the doctrine of stare decisis.

Answer 5

Stare decisis is a doctrine that requires courts to follow the judicial decisions of higher courts. It is central to the American court system and legal system--lower courts are bound by their superior courts--because it makes the rulings of high courts reliable. The law pronounced in the U.S. Supreme Court is binding on the U.S. Courts of Appeals, all the way down to the U.S. District Courts.