The Doctrine of Stare Decisis

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two aspects of stare decisis

1. A court should not overturn its own precedents unless there is a compelling reason to do so. 2. Decisions made by a higher court are binding on lower courts.

stare decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

reporters

A publication in which court cases are published, or reported.

binding authority

Any source of law that a court must follow when deciding a case.

legal reasoning

judges harmonize their decisions with those that have been made before,

jurisdiction

refers to a geographic area in which a court or courts have the power to apply the law—

public policy

(governmental policy based on widely held societal values) A government policy based on widely held societal values and (usually) expressed or implied in laws or regulations.

persuasive authorities

(PRECEDENTS FROM OTHER JURISDICTIONS) Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Precedent

a decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.


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