• Precedent (redirect from Stare Decisis)
    legal doctrine stating that courts should follow precedent is called stare decisis (a Latin phrase with the literal meaning "to stand by things decided")...
    100 KB (13,831 words) - 15:37, 4 September 2024
  • Thumbnail for John Roberts
    undemocratic judiciary in a democratic republic. On the subject of stare decisis, referring to Brown v. Board of Education, the decision overturning...
    140 KB (13,060 words) - 01:32, 1 September 2024
  • Thumbnail for William Rehnquist
    on the doctrine of stare decisis. Dissenting in Casey, Rehnquist criticized the Court's "newly minted variation on stare decisis", and asserted "that...
    114 KB (12,458 words) - 06:03, 26 August 2024
  • Thumbnail for Common law
    decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent...
    129 KB (17,081 words) - 22:15, 3 September 2024
  • right to abortion, the majority abandons stare decisis, a principle central to the rule of law. 'Stare decisis' means 'to stand by things decided.' .....
    56 KB (6,849 words) - 09:36, 26 August 2024
  • Thumbnail for Federal Supplement
    judicial circuit (vertical stare decisis) and, to a lesser degree, the issuing Court of Appeals (horizontal stare decisis)—published district court opinions...
    6 KB (533 words) - 21:26, 10 January 2024
  • Thumbnail for Louis Brandeis
    powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Brandeis wrote: Stare decisis is usually the wise policy,...
    134 KB (16,614 words) - 02:42, 27 August 2024
  • Thumbnail for Clarence Thomas
    to overrule precedent; according to Scalia, "he does not believe in stare decisis, period". By October 1, 2012, he had written 475 opinions, including...
    209 KB (21,115 words) - 16:10, 5 September 2024
  • Thumbnail for Carter v Canada (AG)
    decision in Rodriguez v British Columbia (AG), instead holding that stare decisis is "not a straitjacket that condemns the law to stasis". The Court expanded...
    17 KB (1,892 words) - 00:24, 22 May 2023
  • Court from applying Blakely to the Guidelines under the principles of stare decisis. First, United States v. Dunnigan, 507 U.S. 87 (1993), held that the...
    35 KB (4,639 words) - 20:58, 14 April 2024
  • Thumbnail for Bwanya v Master of the High Court
    Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate...
    22 KB (2,584 words) - 19:59, 8 June 2024
  • judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a...
    12 KB (1,379 words) - 05:24, 21 May 2024
  • Thumbnail for Law of the United States
    were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and...
    68 KB (8,381 words) - 05:21, 27 August 2024
  • part of the conservative majority, but he was a strong proponent of stare decisis, believing that even some wrongly decided cases should not be overturned...
    285 KB (26,714 words) - 22:27, 4 September 2024
  • tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by...
    12 KB (1,683 words) - 22:52, 18 August 2024
  • Thumbnail for Amy Coney Barrett
    focused on constitutional law, originalism, statutory interpretation, and stare decisis. Her academic work has been published in the Columbia, Cornell, Virginia...
    171 KB (14,101 words) - 02:03, 5 September 2024
  • mention—the paean to stare decisis coauthored by three Members of today's majority in Planned Parenthood v. Casey. There, when stare decisis meant the preservation...
    64 KB (7,341 words) - 15:14, 16 August 2024
  • principle, thus departing from prior practice without violating the rule of stare decisis; Establishing a "test" (that is, a measurable standard that can be applied...
    25 KB (1,111 words) - 02:56, 27 August 2024
  • South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of...
    21 KB (2,386 words) - 09:55, 8 June 2024
  • Thumbnail for International Court of Justice
    decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions...
    87 KB (9,500 words) - 10:17, 6 September 2024
  • opinion "to address the important principles of judicial restraint and stare decisis implicated in this case". Roberts explained why the Supreme Court must...
    78 KB (8,192 words) - 20:43, 6 September 2024
  • of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between...
    3 KB (253 words) - 21:19, 31 December 2023
  • the doctrines of precedent (like cases should be decided alike) and stare decisis. These principles dictate that lower courts must follow the decisions...
    18 KB (1,898 words) - 22:09, 10 June 2024
  • Thumbnail for List of national legal systems
    British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference...
    66 KB (2,743 words) - 02:58, 27 August 2024
  • court's order and its reasoning and the application of the doctrine of stare decisis, but as a general rule direct application rules out certain possibilities...
    91 KB (14,122 words) - 01:56, 19 June 2024
  • Thumbnail for Roman law
    by Roman law, notably in their Latinate legal glossary (for example, stare decisis, culpa in contrahendo, pacta sunt servanda). Eastern Europe was also...
    38 KB (5,292 words) - 15:47, 20 July 2024
  • reserve system was upheld by all three courts under the principle of stare decisis and the precedents set by Federal Baseball and Toolson. Legal scholars...
    171 KB (22,580 words) - 17:24, 25 August 2024
  • Thumbnail for Conseil d'État
    Nonetheless, and unlike in common law jurisdictions operating under stare decisis, those former judgements do not constitute a binding precedent for French...
    30 KB (3,401 words) - 22:02, 28 August 2024
  • Skidmore v. Swift & Co. (1944). However, Roberts said, the principle of stare decisis does not apply to Chevron deference in general as the court had been...
    31 KB (3,214 words) - 05:29, 27 August 2024
  • articulate two opposing views of the proper role of the doctrine of stare decisis in US law. The narrow issue in Kimble v. Marvel was whether the Court...
    25 KB (3,411 words) - 08:39, 4 May 2024