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What Is … Stare Decisis?

March 24th, 2009

Stare decisis is the principle in common law that prior decisions are authoritative and binding for all cases where the facts are the same.  The implication is that any case with the same facts must be decided the same as any previously decided case.  This principle is how judicial decisions become binding precedent under common law.

The term literally means “standing by decisions” or “standing by things decided” in Latin.  It provides stability and consistency to common law rulings.

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