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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.
Law in the form of statutes or formal written codes made by a legislature or governing body with the power to make law. Importance of Stare Decisis. The U.S. Supreme Court has ruled, Stare decisis is of fundamental importance to the rule of law. Case law and statutory law make for predictability in the law.