Doctrine of Stare Decisis

Stare Decisis

- ("to stand on decided cases") - judge-made law that emerged over time as judges decided legal controversies

Stare Decisis and the Common Law Tradition

- Courts should not overturn its own precedents unless there is a compelling reason.

Case Precedents and Reporters

- Each decision becomes a legal precedent. - Judges are obligated to follow the precedents established within their jurisdictions.

Public Policy

- Governmental policy based on societal values. - Other factors: fairness, etc.

When there is No Precedent a Court may look to:

- Persuasive Authorities - Public Policy

Persuasive Authorities

- Precedents from other jurisdictions.

Departures from Precedent

- Stare Decisis yields Legal Stability. - In cases of "first impression" (Unadjudicated Issue) a court may refer to positive law, public policy, or widely held social values to craft the decision. - Not common, but does happen. - Plessy v. Ferguson (1896) - Brown v. Board of Education (1954): Overruled "Separate by Equal" doctrine established in Plessy.

Controlling Precedents

- are "binding" (must be followed) in all lower courts. - U.S. Supreme Court decisions are binding on all American courts.