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stare decisis

Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Bouvier (1839)

Definitions from Case Law

From 309 U.S. 106 - Helvering v. Hallock · 1940Most cited · 1,468 citing opinions

stare decisis embodies an important social policy. It represents an element of continuity in law, and is rooted in the psychologic need to satisfy reasonable expectations. But 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.

Show all 3 Supreme Court definitions and how they changed over time 1827–1940

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

To abide by or adhere to decided cases. It is a general rule that, when a point has been settled by a decision, it becomes a precedent which should be followed in subsequent cases before the same court. The rule is based wholly on policy, in the interest of uniformity and

Ballentine's Law Dictionary

James A. Ballentine · 1916

The doctrine or principle that the decisions of the courts should stand as precedents for further guidance. See 133 N. Y. 79, 28 Anv St. Rep. 600, 15 L. R. A. 618, 30 N.E. 654.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Lat. To stand by decided cases; to uphold precedents; to maintain former adjudications. 1 Kent, Comm. 477.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

To abide or adhere to decided cases. It isa general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. 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 conof such overruled cases may be found in the American and English books of reports. Mr. Greenleaf has made a collection of such cases, to which the reader is referred. Vide 1 Kent, Com. 477; Livingst. Syst. of Pen. Law, 104, 5.