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LSDefine

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.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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