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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.
The use of precedent and stare decisis is what makes our American law system a common law system. Learning Outcomes. After finishing this lesson, you should be ready to: Describe the doctrine of stare decisis and define precedent ; Discuss how stare decisis and precedent are used in state court systems