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By Tom Head. Definition: Stare decisis (Latin: stand by the decision) is a legal phrase referring to the obligation of courts to honor past precedents. There are essentially two types of stare decisis. One is the obligation that trial courts have to honor the precedents of higher courts. A local trial court in Mississippi cannot legally convict a person for flag desecration, for example, because a higher court--the U.S.
This is otherwise recognised as the doctrine of stare decisis, which means standing by what has been decided. This doctrine is a fundamental principle of English Law. The use of precedent is vital to the decision making process of the courts. ...read more. Middle.