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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.
Summer 2012]STARE DECISIS IN THE INFERIOR COURTS 797. circuitâs statutory authority to âhear[ ] and determin[e]â appeals70 and, there-. fore, it âspeak[s] on behalf of the circuit.â71 Thus, implementing the law of the. circuit, later panels in a particular circuit must follow the decisions of previous.