Stare Decisis/Precedent
Definition
Stare decisis (Latin for "to stand by things decided") is the legal principle requiring courts to follow historical precedents when ruling on similar cases, ensuring stability, predictability, and fairness in the law. It operates through vertical authority (lower courts following higher ones) and horizontal authority (courts following their own prior rulings). Precedent: A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding in all other federal courts. A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases. any act, decision, or case that serves as a guide or justification for subsequent situations.
Questions
Translate precedent into plain English. Pro tip - it’s not when a southerner says, “president.”
What branches of government decides precedent?
Why is precedent or stare decisis important?
Can the US Supreme Court overturn a precedent?
What precedent was overturned by the ruling in Brown v. Board (1954)?
What would life in America be like without stare decisis?
If the Supreme Court sets a precedent involving a president, what do you call that?
Remember!
Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw stare decisis/precedent! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.
Example
AP U.S. Government and Politics
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