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
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
- stare decisis in A Dictionary of Law Enforcement (Oxford University Press)
- stare decisis in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
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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