Keith Mack
The common law structure in the US has a unified system of deciding legal matters with the principle of stare decisis at its core. The Latin term stare decisis means to stand by things decided or let the decision stand. It is the doctrine that courts will adhere to precedent in making their decisions. It dictates that courts look to precedents when overseeing an ongoing case with similar circumstances. This lessens the need for subsequent litigation and further saves the time and energy of the judiciary by preventing it from having to continually decide the same legal question or issue if it has already been decided in another case. For example, in the 2016 ruling of Salman v. the United States, the Supreme Court used stare decisis to make the ruling.
| Characteristics | Values |
|---|---|
| Meaning | "To stand by that which is decided" or "let the decision stand" |
| Origin | Latin |
| Core principle | The concept of legal precedent |
| Application | Judges should honour "precedent", or the decisions, rulings, and opinions from prior cases |
| Impact | Lessens the need for subsequent litigation, saves time and energy of judiciary, prevents arbitrary decision-making, and gives the law consistency |
| Types | Vertical stare decisis, horizontal stare decisis |
| Vertical stare decisis | Decisions of higher courts take precedence over decisions of lower courts |
| Horizontal stare decisis | Courts adhere to their own precedent |
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What You'll Learn
- Stare decisis is a foundational concept in the US legal system
- The doctrine of stare decisis is based on the idea of legal precedent
- Vertical stare decisis holds that higher court rulings take precedence
- Horizontal stare decisis refers to a court adhering to its own precedent
- Stare decisis lessens the need for subsequent litigation
Stare decisis is a foundational concept in the US legal system
The concept of stare decisis is important in the US legal system as it gives the law consistency and makes interpretations of the law more predictable. It also lessens the need for subsequent litigation and saves time and energy by preventing the judiciary from having to continually decide the same legal question or issue if it has already been decided in another case.
There are two types of stare decisis: vertical and horizontal. Vertical stare decisis refers to the idea that the decisions of higher courts take precedence over the decisions of lower courts. This is deeply entrenched in the American legal system and is part of what makes the Supreme Court "supreme". Horizontal stare decisis holds that prior decisions made by courts at a particular appellate level should provide precedent for cases heard by courts of the same appellate level.
While stare decisis is a foundational concept, it is not always strictly followed. In some cases, judges may offer reasons or legal nuances to avoid following precedential decisions or to overturn prior rulings, especially if the previous ruling is considered "unworkable or badly reasoned". Additionally, some constitutional scholars propose the idea of "super precedents", which are fundamental to American justice and are therefore virtually permanent and impervious to overruling.
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The doctrine of stare decisis is based on the idea of legal precedent
The doctrine of stare decisis is a Latin term that means "to stand by things decided" or "let the decision stand". It is a foundational concept in the American legal system, where it is used to make rulings on similar cases. The doctrine of stare decisis is based on the idea of legal precedent, which is a prior ruling or judgment on a case. In other words, stare decisis dictates that courts must look to precedents when overseeing an ongoing case with similar circumstances.
Stare decisis assures that the law won't change randomly and allows society to assume that fundamental beliefs are based on the law rather than on people's preferences. It fosters predictable, unbiased, and consistent development of legal principles, making interpretations of the law more predictable and less seemingly random. Stare decisis increases reliance on judicial decisions and adds to the actual and perceived integrity of the judicial process.
Stare decisis can be further divided into horizontal and vertical stares decisis. Horizontal stare decisis refers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals adheres to the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. Vertical stare decisis, on the other hand, binds lower courts to follow the decisions of higher courts within the same jurisdiction. For example, a federal court of appeals must follow the decisions of the U.S. Supreme Court.
While stare decisis is a fundamental concept in the American legal system, it is not an "inexorable command". In rare cases, the Supreme Court may overturn its own previous rulings or overturn a precedent made by lower courts. For example, in the 2016 ruling of Salman v. the United States, the Supreme Court used stare decisis to rule that insiders do not have to get something in return for divulging company secrets, contrary to the contention of Salman's attorney.
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Vertical stare decisis holds that higher court rulings take precedence
Stare decisis is a Latin term meaning "to stand by that which is decided" or "let the decision stand". It is a foundational concept in the American legal system, which holds that courts and judges should honour "precedent"—the decisions, rulings, and opinions from prior cases. This makes the concept of legal precedent extremely important. A prior ruling or judgement on any case is known as a precedent.
The doctrine of vertical stare decisis operates within the federal judiciary. Three-judge federal district courts have jurisdiction over many issues, including constitutional challenges to congressional and legislative districts, and enforcing key provisions of the Voting Rights Act. Litigants can appeal their rulings directly to the U.S. Supreme Court. This unusual appellate process raises questions about the justifications for, and scope of, vertical stare decisis within the federal judiciary.
The Appellate Jurisdiction Theory of vertical stare decisis suggests that when adjudicating a case, the only precedent a court is required to apply is that of tribunals with appellate jurisdiction over that particular matter. In contrast, the Structural Theory contends that a lower court must presumptively follow the precedent of other courts that are superior to it within the judicial hierarchy. The Hybrid Theory combines these approaches, specifying that a court must follow the precedent of tribunals with appellate jurisdiction over its rulings in a particular case, or of other courts that are superior to it within the constitutional and statutory structure of the judiciary.
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Horizontal stare decisis refers to a court adhering to its own precedent
Stare decisis is a Latin term that means "let the decision stand" or "to stand by things decided". It is a foundational concept in the American legal system, which holds that courts and judges should honour "precedent", or the decisions, rulings, and opinions from prior cases. This gives the law consistency and makes interpretations of the law more predictable. The doctrine of stare decisis operates both horizontally and vertically.
The concept of stare decisis lessens the need for subsequent litigation and saves the time and energy of the judiciary by preventing it from having to continually decide the same legal question or issue if it has already been decided in another case. It also prevents judges from acting arbitrarily or with bias by requiring them to follow existing precedents.
However, stare decisis is not an "inexorable command", and in rare cases, the Supreme Court has reversed its own previous rulings. For example, in Brown v. Board of Education (1954), the Supreme Court directly overturned the precedent of Plessy v. Ferguson (1893). Plessy held that "separate but equal" public accommodations did not violate the Constitution, but the history of segregation in America proved that "separate" usually did not result in "equal".
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Stare decisis lessens the need for subsequent litigation
The Latin term "stare decisis" means "to stand by that which is decided" or "let the decision stand". It is a foundational concept in the American legal system, which dictates that courts and judges should honour "precedent", or the decisions, rulings, and opinions from prior cases.
For example, in the 2016 ruling of Salman v. the United States, the Supreme Court used stare decisis to make its ruling. Bassam Salman made $1.5 million from insider information that he received indirectly from his brother-in-law, Maher Kara, a Citigroup investment banker. While Salman’s counsel believed that he should be convicted only if he compensated his brother-in-law, the Supreme Court ruled that insiders do not have to get something in return for divulging company secrets. Based on stare decisis, the confidential information given to Salman was considered a gift—as Dirks v. SEC makes it clear that fiduciary duty is breached when a tipper gives confidential information as a gift. Salman was therefore found guilty of insider trading.
There are two distinct concepts within stare decisis: vertical stare decisis and horizontal stare decisis. Vertical stare decisis refers to the idea that the decisions of higher courts take precedence over the decisions of lower courts. This is deeply entrenched in the American legal system and is part of what makes the Supreme Court "supreme". On the other hand, horizontal stare decisis holds that prior decisions made by courts at a particular appellate level should provide some precedent for cases heard by courts of the same appellate level. For example, if the Seventh Circuit Court of Appeals adhered to the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis.
While stare decisis provides consistency and predictability to the law, it is not an "inexorable command". In rare cases, the Supreme Court has reversed its own previous rulings. For example, in Brown v. Board of Education (1954), the Supreme Court directly overturned the precedent of Plessy v. Ferguson, refusing to apply the doctrine of stare decisis.
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Frequently asked questions
Stare decisis is a Latin term meaning "to stand by that which is decided" or "let the decision stand". It is a doctrine that dictates that courts adhere to precedent in making their decisions.
A precedent is a prior ruling or judgement on a case.
Horizontal stare decisis refers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals follows a ruling from a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis.
Vertical stare decisis occurs when a court applies precedent from a higher court. For example, if the Federal District Court for the Southern District of New York follows a previous ruling by the Second Circuit, that would be vertical stare decisis.
