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Topic: Stare decisis

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	Reference.com/Encyclopedia/Stare decisis
		Stare decisis (Latin:, Anglicisation:, "to stand by things decided") is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.
		Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et non quieta movere--"to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision.
		Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right....
	www.reference.com /browse/wiki/Stare_decisis (3646 words)

	Stare Decisis
		Stare Decisis requires that a prior decision be followed in subsequent cases unless it is distinguished or overruled,.
		Stare Decisis is not threatened by a proliferation of lawsuits: We have more lawsuits and more appellate rulings these days because our country has more people and more laws and, for those reasons, we have more judges and more lawsuits.
		Stare Decisis cannot operate as a workable doctrine as long the courts, while adjudicating sets of identical facts, are able to reach directly contrary results on diametrically opposed legal theories, by the simple expedient of publishing one set of results but not the other.
	www.nonpublication.com /bullet/stare.html (868 words)

	Stare decisis
		Stare decisis is a latin term used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.
		This doctrine is not held within most civil law jurisdictions as it is argued that this prinicple interferes with the right of judges to interpret law; although, most such systems recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner.
		Stare decisis is not formally a doctrine used in civil law court system, because it violates the principle that only the legislature may make law.
	www.ebroadcast.com.au /lookup/encyclopedia/st/Stare_decesis.html (396 words)

	Planned Parenthood Stare Decisis -
		Stare decisis is Latin for "to stand by that which is decided." What bearing does stare decisis have on the future of Roe?
		The principle of stare decisis means that courts are bound by the legal decisions that have come before — in particular, by decisions from a higher court.
		Early on in his testimony, Roberts spoke of the history of stare decisis, noting that even the founding fathers understood that this principle was vital to promoting evenhandedness, predictability, stability, and the appearance of integrity in the judicial process.
	www.plannedparenthood.org /news-articles-press/politics-policy-issues/courts-judiciary/stare-decisis-6614.htm (521 words)

	Stare Decisis and Techniques of Legal Reasoning and Legal Argument (Site not responding. Last check: 2007-10-17)
		Stare decisis and the hierarchy of the courts
		The phrase "stare decisis" is itself an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions and not to disturb settled matters".
		Basically, under the doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on a lower court within that same jurisdiction.
	legalresearch.org /docs/perell.html (5260 words)

	Stare decisis - Wikipedia, the free encyclopedia
		Stare decisis (Latin: [ˈstaːre deːˈkiːsiːs], Anglicisation: [ˈstaːɹi dəˈsaɪsɪs], "to stand by things decided") is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.
		The doctrine of stare decisis would indeed be no doctrine at all if courts were free to overrule a past decision simply because they would have reached a different decision as an original matter.
		Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right....
	en.wikipedia.org /wiki/Stare_decisis (3343 words)

	How stare decisis Subverts the Law
		The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided, or contrary to principle.
		This indicates that the way stare decisis is supposed to be used is to define the boundaries of the constitutional enactments, as shown in Figure 2, where the decisions B'...
		There is a fundamental logical problem with stare decisis as it is currently practiced, which is that it is a logically separate system of propositions that is independent of, and potentially inconsistent with, constitutional enactments.
	www.constitution.org /col/0610staredrift.htm (1129 words)

	The American Spectator
		Stare decisis has become a euphemism for the expectation that justices will bow before those great moments in liberal jurisprudence when the court rejected stare decisis to invent a new right or declare settled laws unconstitutional according to "evolving standards" of indecency.
		Under this willful construction of stare decisis, a liberal judge who disregards a precedent he dislikes is not in violation of "the doctrine"; only conservative judges who reject precedents of liberal courts can be.
		Stare decisis in the hands of judicial activists turns the assumption underlying it upside down: old rulings that safeguard the Constitution receive no respect while relatively fresh misinterpretations of the Constitution, as in Roe v.
	www.spectator.org /dsp_article.asp?art_id=8965 (837 words)

	SSRN-Stare Decisis As A Constitutional Requirement by Thomas Healy
		By tracing the history of precedent in the common law, it demonstrates that stare decisis was not an established doctrine by 1789, nor was it viewed as necessary to check the potential abuse of judicial power.
		The Article also demonstrates that even if stare decisis is constitutionally required, the courts are not obligated to give prospective precedential effect to every one of their decisions.
		Stare decisis is not an end in itself, but a means to serve important values in a legal system.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=919980 (377 words)

	Stare Decisis and Techniques of Legal Reasoning and Legal Argument
		Stare decisis and the hierarchy of the courts
		The phrase "stare decisis" is itself an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions and not to disturb settled matters".
		Basically, under the doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on a lower court within that same jurisdiction.
	www.legalresearch.org /docs/perell.html (5260 words)

	American Thinker: The Stare Decisis Scam
		To the left, stare decisis means the Supreme Court's mandate that every state must tolerate unlimited abortion on demand through nine months of pregnancy should be proof against rollback.
		Leftists of both parties understand stare decisis to mean that even Judges with enough decency and wit to know that the doctrine of Roe v.
		Stare decisis never has meant and never will mean that judges must stubbornly persist in error.
	americanthinker.com /articles.php?article_id=5154 (1261 words)

	Vanity -- What are Alito's factors for Stare Decisis? (Site not responding. Last check: 2007-10-17)
		In other words, the tests for Stare Decisis are universally invoked, and include those aspects Alito mentioned such as the prior precedent, re-affirmation of the precedent, length of time time passed since the precedent, and from what I understand also the degree the decision has imbeded itself, and possibly others.
		On the other hand, the securities laws, to name one area where stare decisis is important, are filled with made-up interpretations that have come to provide a settled and predictable model of outcomes, which securities practitioners can use to plan their own behavior.
		Stare decisis is a legal principle that says a judge, in deciding the issue before him, should take into account prior cases that have decided the same issue.
	www.freerepublic.com /focus/f-news/1556770/posts (2669 words)

	Stare decisis - dKosopedia (Site not responding. Last check: 2007-10-17)
		Courts cite stare decisis when an issue has been previously brought to the court and a ruling already issued.
		The doctrine of stare decisis, while a general guide to the court, is not always to be strictly relied upon, as the courts may find it necessary to overrule cases which have been hastily decided, or contrary to principle.
		Although the doctrine of stare decisis does not prevent reexamining and, if need be, overruling prior decisions, it is based on the assumption that certainty, predictability and stability in the law are the major objectives of the legal system.
	www.dkosopedia.com /wiki/Stare_decisis (306 words)

	Freedom Paper No. 7: Law in a Democratic Society
		Its growth depends on the notions of "precedent" and "stare decisis." Precedent is the general concept that a judge should look to prior judicial decisions for a rule of law that can be applied to determine the outcome of a pending case.
		Under the doctrine of stare decisis (which is Latin for "to abide by decided cases"), a rule of law framed in one case under common law will serve as binding authority to resolve future cases that are the same or analogous.
		Stare decisis operates in the context of a hierarchy of courts in a jurisdiction.
	usinfo.state.gov /products/pubs/archive/freedom/freedom7.htm (6945 words)

	Stare Decisis - Homeland Stupidity
		Stare decisis is the legal principle of precedent.
		Stare decisis is an important legal principle, as it gives continuity and consistency to the judicial system.
		Some claim that stare decisis can actually be used to subvert the idea of justice, and I suspect we’re going to see that happening in the very near future.
	www.homelandstupidity.us /2006/01/14/stare-decisis (611 words)

	LawKT.com: Law Firm Publications on Stare Decisis
		The Court held that it was bound under the principles of stare decisis to permit a disparate impact case under the ADEA to proceed until the U.S. Supreme Court decides otherwise.
		The case also considered the rule of stare decisis because the defendants argued that Brocklesby could and should be overruled on the basis that it was only a decision by a two-judge Court of Appeal and was manifestly wrong.
		Stare decisis cannot be applied to the discipline imposed on attorneys in these cases.
	www.lawkt.com /pubs/Stare_Decisis.html (3547 words)

	Community Rights Counsel: Taking Back Community Rights
		Stare decisis is a fancy Latin term that stands for a bedrock proposition of U.S. law: that the Supreme Court will uphold precedent and not disturb settled law without special justification.
		Stare decisis is not and should not be an ironclad rule -- otherwise Plessy v.
		Stare decisis operates with great force in counseling us not to call in question the essential principles now in place respecting the congressional power to regulate transactions of a commercial nature."
	www.communityrights.org /Newsroom/OpEdsLetters/WP10-14-04.asp (736 words)

	CITES BY TOPIC: stare decisis
		STARE DECISIS: Lat: to stand by that which was decided; rule by which common law courts “are slow to interfere with principles announced in the former decisions and often uphold them even though they would decide otherwise were the question a new one.” 156 P. 2d 340, 345.
		In either event, to the extent that future cases rely upon it or distinguish it form themselves without disapproving of it, the case will serve as a precedent for future cases under the doctrine of stare decisis.
		Decisions are made in accord with previous authoritative decisions in similar cases emanating from one's own circuit and from the Supreme Court.
	famguardian.org /TaxFreedom/CitesByTopic/StareDecisis.htm (483 words)

	TrustWatch Search (Site not responding. Last check: 2007-10-17)
		Stare decisis provides continuity to our system, it provides predictability, and in our process of case-by-case decision-making, I think it is...
		Stare decisis (Latin: [?sta?re de??ki?si?s], Anglicisation: [?sta??i d??sa?s?s], "to stand by things decided") is a...
		Stare decisis is a fancy Latin term that stands for a bedrock proposition of U.S. law: that the Supreme Court will uphold precedent and not...
	www.trustwatch.com /search?q=Stare+Decisis (253 words)

	Stare decisis and the secular extremist left
		Stare decisis, previously an inconvenient impediment to them, is now the last bastion of the secular extremist left that hijacked the Constitution, because it could not secure constitutional amendments to implement their agenda.
		"The doctrine of stare decisis is essential to the respect accorded to the judgments of the Court and to the stability of the law.
		Tennessee, 501 U.S. 'Stare decisis is not an inexorable command; rather, it "is a principle of policy and not a mechanical formula of adherence to the latest decision"') (quoting Helvering v.
	www.renewamerica.us /columns/gaynor/051124 (3265 words)

	David M. Blurton, Canons Of Construction, Stare Decisis And Dependent Indian Communities: A Test Of Judicial Integrity, ... (Site not responding. Last check: 2007-10-17)
		The stare decisis doctrine serves to further fair and expeditious adjudications, and aids in maintaining the public's faith in the judiciary as a source of impersonal and reasoned judgments.
		Consistent with the doctrine's purpose of providing guidance for the conduct of individuals, stare decisis carries considerable weight where a number of people have relied upon a judicial holding, such as might be the case regarding rules pertaining to commercial transactions.
		Aside from the nature of the case involved, another important factor in weighing stare decisis is the number of times precedent has endorsed a particular principle of law.
	www.law.duke.edu /journals/alr/articles/alr16p37.htm (8230 words)

	Stare Decisis: Overview
		FEDERAL ABORTION BAN: ROLE OF Stare decisis is "the basic legal principle that commands judicial respect for a court's earlier decisions and the rules of law they embody." Harris v.
		Rumsey, 467 U.S. An important discussion of stare decisis in recent years is found in the plurality opinion of Justices O'Connor, Kennedy, and Souter, in Planned Parenthood of Southeastern Pennsylvania v.
		The Court applied "Justice Frankfurter's admonition that ‘stare decisis is a principle of policy and not a mechanical formula of adherence to the latest decision, however recent and questionable when such adherence involves collision with a prior doctrine more embracing in its scope, intrinsically sounder, and verified by experience.’" Id. at 231 (quoting Helvering v.
	reproductiverights.org /crt_pba_staredecisis.html (697 words)

	Stare Decisis: Overview
		FEDERAL ABORTION BAN: ROLE OF Stare decisis is "the basic legal principle that commands judicial respect for a court's earlier decisions and the rules of law they embody." Harris v.
		Rumsey, 467 U.S. An important discussion of stare decisis in recent years is found in the plurality opinion of Justices O'Connor, Kennedy, and Souter, in Planned Parenthood of Southeastern Pennsylvania v.
		The Court applied "Justice Frankfurter's admonition that ‘stare decisis is a principle of policy and not a mechanical formula of adherence to the latest decision, however recent and questionable when such adherence involves collision with a prior doctrine more embracing in its scope, intrinsically sounder, and verified by experience.’" Id. at 231 (quoting Helvering v.
	www.reproductiverights.org /crt_pba_staredecisis.html (697 words)

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