22:35
damn im so hungry all i had today was a curry tonkatsu and buldak
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Simple English definitions for legal terms
stare decisis
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A quick definition of stare decisis:
Stare decisis is a fancy Latin term that means courts have to follow the decisions made by other courts before them. This helps make sure that the law is consistent and fair. If a court has already decided on a similar case, the new court will usually make the same decision. This is called "precedent." There are two types of stare decisis: horizontal (when a court follows its own previous decisions) and vertical (when a court follows decisions made by higher courts). Sometimes, if a previous decision was really bad or doesn't work anymore, a court can decide not to follow it. But usually, courts have to follow what other courts have already decided.
A more thorough explanation:
Stare decisis is a legal doctrine that means "to stand by things decided" in Latin. It is the principle that courts will follow previous court decisions when deciding similar cases. This helps to promote consistency and predictability in the legal system.
Horizontal stare decisis refers to a court following its own previous decisions. For example, if the Seventh Circuit Court of Appeals follows a ruling it made in a previous case, that is horizontal stare decisis.
Vertical stare decisis refers to a court following the decisions of higher courts. For example, if the Seventh Circuit Court of Appeals follows a ruling made by the U.S. Supreme Court, that is vertical stare decisis.
Although courts usually follow precedent, there are exceptions. If a previous decision is unworkable or badly reasoned, the court may not follow it. This is particularly true in constitutional cases. For example, in Brown v. Board of Education, the U.S. Supreme Court refused to follow the precedent set by Plessy v. Ferguson.
Suppose a court is deciding a case involving the Fourth Amendment's protection against unreasonable searches and seizures. If a previous court has already ruled on a similar case and found that the search was unreasonable, the current court will likely follow that decision. This is an example of stare decisis in action.