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Simple English definitions for legal terms
stare decisis et non quieta movere
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A quick definition of stare decisis et non quieta movere:
Stare decisis et non quieta movere: This is a Latin phrase that means to stand by things that have already been decided and not to change them. It is a rule that says when a court makes a decision about something, other courts should follow that decision when they have a similar case. This is called the doctrine of precedent. It helps to keep things fair and consistent. Only in special cases should a court change a decision that has already been made.
A more thorough explanation:
Definition: Stare decisis et non quieta movere is a Latin phrase that means "to stand by things decided, and not to disturb settled points." It refers to the doctrine of precedent, which requires courts to follow earlier judicial decisions when the same points arise again in litigation.
Example: Let's say a court has previously ruled that a particular law is unconstitutional. If a similar case comes before the court, it must follow the earlier decision and declare the law unconstitutional, unless there are urgent reasons and exceptional circumstances that justify a new ruling.
This principle is important because it promotes consistency and predictability in the legal system. It ensures that similar cases are treated in a similar manner, and that the law is applied fairly and impartially.