Government and politics concepts · AP U.S. Government and Politics, AP U.S. History
Stare decisis
Also called: Precedent
Stare decisis: The principle that courts should follow precedent, deciding similar cases in the same way as earlier decisions.
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What it means
Latin for 'to stand by things decided,' stare decisis promotes stability and predictability in the law. Courts can overturn precedent, but they usually require strong reasons, and doing so is controversial.
A well-known example of the Court overturning precedent is Brown v. Board of Education (1954), which rejected the 'separate but equal' doctrine of Plessy v. Ferguson (1896).
Example
A lower court deciding a student speech case applies the standard set in Tinker v. Des Moines because it is binding precedent.
On the exam
Stare decisis appears in Unit 2 questions about how courts decide cases and the limits on judicial power.