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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.
A simple diagram showing how the doctrine of precedent works. The doctrine of precedent is one of the principles that underpins common law. The Latin name for the doctrine of precedent is stare decisis (âstand by that decidedâ). It is a principle that requires judges to follow the rulings and determinations of judges in higher courts, where a case involves similar facts and issues.