Gavin Howe
The term stare decisis refers to the doctrine under which courts follow the principles, rules, or standards established in their prior decisions or those of higher courts when deciding cases involving similar issues. It is derived from the Latin phrase stare decisis et non quieta movere, meaning to stand by the thing decided and do not disturb the calm. In common law systems, precedent can be binding, meaning courts must follow it, or persuasive, meaning courts can consider it but are not bound to follow it. Binding precedent is created when a court's decision forms the basis for a court decision and establishes a binding precedent.
| Characteristics | Values |
|---|---|
| Type of Precedent | Binding, Persuasive/Authoritative |
| Nature | Paradoxical |
| Basis | Ratio Decidendi ("reason for the decision") |
| Doctrine | Stare Decisis ("to stand by things decided") |
| Scope | Horizontal and Vertical |
| Litigation | No out-of-court settlements |
| Civil Law System | Doctrine of Jurisprudence Constante |
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Binding precedent
The term "stare decisis" refers to the legal principle that past judicial decisions serve as case law to guide future rulings, promoting consistency and predictability. Binding precedent, based on stare decisis, requires lower courts to follow the decisions of higher courts within the same jurisdiction. This is known as vertical stare decisis. For example, in the United States, decisions made by the U.S. Supreme Court are binding on all other courts nationwide.
Vertical stare decisis dictates that lower courts strictly adhere to the decisions of higher courts. An example of this is when the Seventh Circuit Court of Appeals applied a precedent set by the U.S. Supreme Court. Horizontal stare decisis, on the other hand, refers to the principle that a court adheres to its own previous rulings. The U.S. Supreme Court, for instance, stands by its prior decisions unless there is a compelling justification to overrule them.
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Persuasive precedent
The term for law created by precedent is stare decisis, a Latin phrase that means "to stand by things decided". Under this doctrine, past judicial decisions serve as case law to guide future rulings, promoting consistency and predictability.
In common law systems, persuasive precedent is distinct from binding precedent, which courts must follow. Binding precedent is based on the legal principle of stare decisis and requires lower courts to adhere to the decisions of appellate courts in the same jurisdiction. However, in civil law systems, the doctrine of jurisprudence constante holds that previous decisions are highly persuasive but not controlling, even if a court has consistently ruled in the same way using sound reasoning.
When reviewing law reports, it is important for legal professionals to understand how to navigate and analyse a law report swiftly, including ascertaining the precedents referred to and their relevance to the case at hand. The "ratio decidendi", or the grounds for the decisions taken in previous cases, is essential for applying precedents in subsequent cases.
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Ratio decidendi
The term for law created by precedent is 'stare decisis'. It is a judicial doctrine that requires courts to abide by the principles, rules, or standards established in their prior decisions or those of higher courts when deciding cases with similar or identical issues.
The ratio decidendi is derived from the parts of legal reasoning within a judgment that the outcome of the case depends on. It involves the holding of a particular case, allowing future cases to build upon it by citing precedent. However, not all holdings are equally significant, and factors such as the rank of the court and the number of issues decided can strengthen or weaken the holding's strength.
Determining the ratio decidendi involves a thoughtful analysis of what the court actually decided, based on the legal points the parties in the case contested. It is a powerful tool for lawyers, as a proper understanding of the ratio decidendi of a precedent can enable them to influence a lower court's decision, considering the facts of the case.
In contrast to ratio decidendi, obiter dicta refers to non-binding observations or comments made by a judge that are not necessary to resolve the case but may be cited as persuasive authority in subsequent litigation.
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Obiter dicta
The term for law created by precedent is stare decisis. This is derived from the Latin phrase "stare decisis et non quieta movere", meaning "to stand by the thing decided and do not disturb the calm". Under this doctrine, courts follow the principles, rules, or standards established in their prior decisions when deciding cases with the same or closely related issues.
For example, in the United States v. Carolene Products case, Justice Harlan F. Stone suggested in Footnote 4 that a legal rule more stringent than the rational basis test be applied in hypothetical future situations. Although this was not necessary to resolve the case, the language in Footnote 4 eventually served as the basis for the doctrine of strict scrutiny.
University of Florida scholars Teresa Reid-Rambo and Leanne Pflaum explain that courts sometimes quote passages of obiter dicta from prior cases, and these quoted passages can become part of the holding or ruling in a subsequent case. This is how obiter dicta can become binding.
In summary, while stare decisis refers to the doctrine of adhering to precedent in judicial decision-making, obiter dicta refers to comments or observations made by judges that are not necessary to the court's decision but can still be persuasive and influential.
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Stare decisis
The term "stare decisis" refers to the doctrine of precedent, which is well-established in common law. The term is derived from the Latin phrase "stare decisis et non quieta movere", which means "to stand by things decided" or "let the decision stand". In other words, stare decisis holds that courts should honour precedent, or the decisions, rulings, and opinions from prior cases. This means that past judicial decisions serve as case law to guide future rulings, promoting consistency and predictability in the law.
The primary purpose of following the doctrine of stare decisis is to ensure uniformity and fairness in the application of the law. It also lessens the need for subsequent litigation, saving the time and energy of the judiciary by preventing it from having to continually decide the same legal question or issue. However, stare decisis is not a doctrine used in civil law systems because it violates the legislative positivist principle that only the legislature may make law.
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Frequently asked questions
The term for law created by precedent is stare decisis.
Stare decisis is derived from the Latin phrase 'stare decisis et non quieta movere', which means "to stand by the thing decided and do not disturb the calm".
Stare decisis is a judicial doctrine that requires courts to follow the principles, rules, or standards established in their prior decisions or those of higher courts when deciding similar cases. This promotes consistency and predictability in the law.
Yes, there are two main types of precedent: binding precedent and persuasive precedent. Binding precedent is a rule or principle that a court must follow in its decisions, while persuasive precedent is something that a court can consider but is not required to follow.
When applying stare decisis, judges focus on the "ratio decidendi", or the key factual elements and reasoning in a previous case that forms the basis for the court's final judgment. They use this reasoning to guide their decisions in similar future cases, ensuring that individuals in similar situations are treated alike.
