Changes

'''Stare decisis''' means adherence by courts in current legal cases to principles established by prior court decisions.  Literally, it is Latin for "to stand by that which was decided."  It is justified by preserving reasonable expectations of the legal system, and by maintaining consistency.

'''Stare decisis''' means adherence by courts in current legal cases to principles established by prior court decisions.  Literally, it is Latin for "to stand by that which was decided."  It is justified by preserving reasonable expectations of the legal system, and by maintaining consistency.

In general, when a lawyer is attempting to have a case considered where Stare decisis seems appropriate he or she has three options.  1) Explain to the court why Stare decisis does not rule this particular set of facts, which is to say, "Why this case is different from [[Brown v. Board of Education]]". 2) Explain to the court why the prior stare decisis was wrongly held.  In arguing [[Lawrence v. Texas]], the plaintiff had to state where Browers had gone wrong, and ask the Court to reconsider Browers before moving on to Lawrence.  The third option is one only the Judges may do, and that is to "ignore" the stare decsis.

In general, when a lawyer is attempting to have a case considered where Stare decisis seems appropriate, there are three options:

#Explain to the court why Stare decisis does not rule this particular set of facts, which is to say, "Why this case is different from [[Brown v. Board of Education]]".

#Explain to the court why the prior stare decisis was wrongly held.  In arguing [[Lawrence v. Texas]], the plaintiff had to state where Browers had gone wrong, and ask the Court to reconsider Browers before moving on to Lawrence.   

#The judge(s) may choose to "ignore" the stare decsis.

When a prior decision was a mistake, it is controversial what role stare decisis should play in perpetuating that mistake.  In particular, stare decisis is emerging as the primary [[liberal]] argument for perpetuating ''[[Roe v. Wade]]'' (1973), the decision that established [[abortion]] on demand in the [[United States]].

When a prior decision was a mistake, it is controversial what role stare decisis should play in perpetuating that mistake.  In particular, stare decisis is emerging as the primary [[liberal]] argument for perpetuating ''[[Roe v. Wade]]'' (1973), the decision that established [[abortion]] on demand in the [[United States]].