Stare Decisis

Stare decisis represents the principle of doctrinal precedent underpinning American common law. (The term stare decisis is Latin for “to stand by things decided.”) The doctrine of stare decisis encourages courts to resolve like cases alike, meaning that judges should follow earlier rulings when confronting issues that have been before them in prior litigation. Stare decisis is a basic principle of judicial interpretation of statutory law, common law, and constitutional law. Insofar as this doctrine is a fundamental aspect of judicial decision making, it strongly influences court actions in resolving any matters concerning education law or any other field of law.

In many instances, the U.S. Supreme Court has reviewed the multiple policy reasons for following stare decisis. The Court has repeatedly and consistently indicated that ...

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