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To: RoseofTexas

STARE DECISIS - Lat. "to stand by that which is decided." The principal that the precedent decisions are to be followed by the courts.

To abide or adhere to decided cases. It is a general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided, or contrary to principle. Many hundreds of such overruled cases may be found in the American and English books of reports.

An appeal court's panel is "bound by decisions of prior panels unless an en banc decision, Supreme Court decision, or subsequent legislation undermines those decisions." United States v. Washington, 872 F.2d 874, 880 (9th Cir. 1989).


2,637 posted on 01/10/2006 3:25:35 PM PST by DollyCali (Don't tell GOD how big your storm is -- Tell the storm how B-I-G your God is!)
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To: DollyCali
In this case it means "Roe V Wade is the law of the land", due to an iffy SC decision. It also somehow attributes it to the Constitution although it's not even close to being in there.
2,668 posted on 01/10/2006 3:29:16 PM PST by Hillarys Gate Cult
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