Stare decisis means to stand by things decided. Courts follow prior decisions on the same legal question, with vertical stare decisis binding lower courts to higher court rulings and horizontal stare decisis giving weight to a court's own prior decisions.
Precedent may be overruled where it proves unworkable or its foundations have eroded.
Alternative Names:
Precedent Doctrine, Let the Decision Stand
Why it Matters?
For litigators the practical significance is identifying which authority actually binds the deciding court, since a favorable decision from another circuit or a sister state is persuasive only. Distinguishing adverse precedent on its facts is the core appellate skill, because directly binding authority against a position generally cannot be argued around, only distinguished or challenged as no longer sound.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between binding and persuasive precedent?
Can precedent be overruled?
