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Stare Decisis

Stare Decisis

Grammar

This term is a noun.

Etimology of Stare Decisis

(You may find stare decisis at the world legal encyclopedia and the etimology of more terms).

the legal doctrine of being bound by precedents, Latin, literally “to stand by things decided;” from stare “to stand,” from PIE root *sta- “to stand, make or be firm.” Second element from decidere “to decide, determine,” literally “to cut off,” from de- “off” (see de-) + caedere “to cut” (see -cide).

“Stare Decisis” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “Stare Decisis”, produced by Tetley, in the context of admiralty law: (“to stand by decisions”), referring to the common law principle which obliges an inferior court to follow the clear findings in law of a superior court of the same jurisdiction. Supreme courts and inferior courts may also hold themselves bound by their own decisions. Nota bene: “Stare decisis” is an abbreviation of the full Latin maxim, “stare decisis et non quieta movere”, meaning “stand by decisions and do not disturb the calm”. See Telstra Corp. Ltd. v. Treloar (2000) 102 FCR 595 at p. 605 (Fed. Ct. Aust.).

Resources

See Also

  • Law Dictionaries.
  • Case Law; Judicial Review.

    Judicial Review.

  • Further Reading

    Kairys, David. “Legal Reasoning.” In The Politics of Law: A Progressive Critique. Edited by David Kairys. New York: Pantheon Books, 1982.

    Llewellyn, Karl N. The Common Law Tradition: Deciding Appeals. Boston: Little, Brown, 1960.

    Rantoul, Robert, Jr. “Oration at Scituate: Delivered on the Fourth of July, 1836.” In Perry Miller, ed., The Legal Mind in America: From Independence to the Civil War. Garden City, N.Y.: Doubleday, 1962.

    Tocqueville, Alexis de. Democracy in America. Edited by J. P. Mayer. Translated by George Lawrence. New York: Harper Perennial, 1988.

    John R.Schmidhauser/c. p.

    Stare decisis in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of stare decisis.

    Resources

    See Also

    • Law Enforcement Officer
    • Police
    • Law Enforcement Agency

    Further Reading

    Meaning of Stare Decisis in the U.S. Legal System

    Definition of Stare Decisis published by the National Association for Court Management: The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.

    To stand by a previous decision by a court as a precedent while deciding a current case.

    To stand by a previous decision by a court as a precedent while deciding a current case.

    Stare Decisis (Judicial Function)

    Stare Decisis

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