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( Stare decisis)
Stare decisis is the legal principle under which judges are obligated to follow the precedents established in prior decisions. In the United States, which uses a common law system in its federal courts and most of its state courts, the Ninth Circuit Court of Appeals has stated Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et quieta non movere — "to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision. Nor is the doctrine stare dictis; it is not "to stand by or keep to what was said." Nor is the doctrine stare rationibus decidendi — "to keep to the rationes decidendi of past cases." Rather, under the doctrine of stare decisis a case is important only for what it decides — for the "what," not for the "why," and not for the "how." Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.[1] In other words, stare decisis applies to the holding of a case, rather than to obiter dicta. As the United States Supreme Court has put it "dicta may be followed if sufficiently persuasive but are not binding."[2]
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