stare decisis: meaning, definition, pronunciation and examples
LowFormal, Legal
Quick answer
What does “stare decisis” mean?
The legal principle of determining points in litigation according to precedent.
Audio
Pronunciation
Definition
Meaning and Definition
The legal principle of determining points in litigation according to precedent; to stand by things decided.
A doctrine that obligates courts to follow historical cases when making a ruling on a similar case, providing consistency, predictability, and stability in law.
Dialectal Variation
British vs American Usage
Differences
Fundamental principle in both Common Law systems; more explicitly codified and frequently cited in modern US legal discourse. UK courts may more readily distinguish or depart from precedent in certain circumstances.
Connotations
Formality, legal tradition, stability, rigidity, institutional authority.
Frequency
Used almost exclusively within legal writing, court opinions, and legal education in both regions.
Grammar
How to Use “stare decisis” in a Sentence
The court applied stare decisis.Stare decisis binds lower courts.They argued against rigid stare decisis.Vocabulary
Collocations
Examples
Examples of “stare decisis” in a Sentence
verb
British English
- The Court of Appeal is strictly bound to stare decisis from the Supreme Court.
American English
- The circuit court must stare decisis to rulings of the Supreme Court.
adverb
British English
- The judge ruled stare decisis, following the House of Lords precedent.
American English
- The court acted stare decisis, adhering to prior circuit law.
adjective
British English
- The stare decisis principle was fundamental to her judgement.
American English
- He made a stare decisis argument to support his motion.
Usage
Meaning in Context
Business
Rare, except in litigation or regulatory contexts.
Academic
Core concept in law schools and jurisprudence.
Everyday
Virtually never used.
Technical
Essential term in legal drafting, judicial opinions, and legal analysis.
Watch out
Common Mistakes When Using “stare decisis”
- Pronouncing 'stare' as English 'stair' (should be 'stah-rey' or 'stair-ee').
- Using it as a countable noun (e.g., 'a stare decisis').
- Confusing with 'obiter dictum' (non-binding remark).
FAQ
Frequently Asked Questions
The core principle is shared, but its application varies. For instance, the UK's Supreme Court can more freely depart from its own precedents than the US Supreme Court, which treats its own precedents as highly binding.
Yes, but it is rare. A court may overrule its own precedent if it is deemed unworkable, outdated, or egregiously wrong. This is a significant judicial act.
Not formally. Civil Law systems are based on codified statutes, though prior court decisions (jurisprudence) can be highly persuasive.
'Precedent' is a previous case used as an example. 'Stare decisis' is the doctrine or rule that *requires* courts to follow those precedents.
The legal principle of determining points in litigation according to precedent.
Stare decisis is usually formal, legal in register.
Stare decisis: in British English it is pronounced /ˌstɑːreɪ dɪˈsaɪsɪs/, and in American English it is pronounced /ˌstɛəri dɪˈsaɪsɪs/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “To stand on stare decisis.”
- “The anchor of stare decisis.”
Learning
Memory Aids
Mnemonic
Imagine a judge STARing at a previous DECISion, then saying 'I SIS' (I see, I'll follow it).
Conceptual Metaphor
LAW IS A BUILDING (precedents are the foundation/structure); JUDGING IS FOLLOWING A PATH (precedent sets the route).
Practice
Quiz
What is the primary function of stare decisis?