Court Structure, Stare Decisis, & Precedent

Limitations to Stare Decisis

-A court may distinguish a prior decision if it concludes that the prior decision addressed a significantly different dispute from the one now before the court. -A court's own precedent may be indistinguishable from the dispute before the court. -The two limits help avoid rigidity in the law while maintaining consistency.

Overruling Precedent

-A court's own precedent, or that of a higher court within the same jurisdiction, normally is controlling if it is materially indistinguishable from the dispute now before the court. -Stare Decisis is more flexible in the courts that created the precedent -A court may depart from a strict application of stare decisis and refuse to follow its own precedent that otherwise would be controlling. -Changes in social and legal context -Abandonment of erroneous or unworkable precedent -Flexible application of Stare decisis to constitutional issues

Precedent

-Inexact Science with ample room for argument -Differences between two cases in the facts or in the nature of the legal claims and defenses raised by litigants are sufficiently substantial that the prior decision does not clearly dictate the resolution of the second case.

Stare Decisis & Court structure

-Stare Decisis is more flexible at the higher court level -Stare Decisis is less flexible on the lower courts -Precedent at the lower court level is binding when the same issue is being addressed and the court that created the precedent acts a court of review -WE MUST FOLLOW PRECEDENTS ***stare decisis- doctrine that makes courts follow higher court decisions

Then what do we do?

-The prior case may not have a clear resolution but we can use that prior case as a guide (analogous-comparable) for deciding our current case. -The prior case can be used as a way to justify the same legal result in both -PRECEDENT CAN BE MANDATORY OR PERSUASIVE

What does stare decisis NOT do

Does not require a court to follow a precedent of a coequal, autonomous courts, of lower courts within the same court system, or any courts outside of the system

When do courts use a precedent?

The lower court must either distinguish the reviewing court's precedent or apply it as controlling authority. USE A PRECEDENT IF IT IS FROM A HIGHER COURT AND APPLIES