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STARE DECISIS

(A) Latin term for let the decision stand which refers to precedent. It is a doctrine that requires that judges abide by the prior decisions on the same issues (usually only referring to courts in the same jurisdiction and of equal or higher level.) (B) To abide or adhere to decided cases. 2. It is a 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 contrary to principle. Many hundreds of 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.

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