Legal Dictionary
Stare Decisis
Stare decisis is the principle that courts generally follow settled precedents when the same legal issue and materially similar facts arise.
Study notes
Key points
It promotes stability and predictability in legal reasoning.
It does not prevent the Court from abandoning a doctrine when there is a strong legal reason.
For Bar essays, cite precedent as controlling or persuasive depending on the issue and court.
Legal Dictionary
Student-friendly explanation
When a legal doctrine has been settled, later courts usually apply it to similar facts. The point is not blind repetition but consistent legal treatment.
- Ask whether the earlier case is materially similar.
- Identify the rule, not merely the result.
- Explain why the precedent should or should not control.
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