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Stare Decisis
Practical Law Glossary Item 3-509-2489 (Approx. 2 pages)
Glossary
Stare Decisis
Latin term that means "to stand by things decided." The principle that a court should follow precedent established by previously decided cases with similar facts and issues to provide certainty and consistency in the administration of justice. Generally, there are two types of precedent:
- Binding precedent. Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision.
- Persuasive precedent. Precedent that a court may, but is not required to, rely on in deciding a case. Examples of persuasive precedent include:
- decisions from courts in neighboring jurisdictions; and
- dicta in a decision by a higher court.