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by thephyber
3270 days ago
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This[1] may help. The relevant excepts: > The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. A court engages in vertical stare decisis when it applies precedent from a higher court. Consequently, stare decisis discourages litigating established precedents, and thus, reduces spending. and > Although courts seldom overrule precedent, Justice Rehnquist explained that stare decisis is not an “inexorable command.” On occasion, the Court will decide not to apply the doctrine if a prior decision is deemed unworkable. In addition, significant societal changes may also prompt the Court to overrule precedent; however, any decision to overrule precedent is exercised cautiously. It's worth a read (not terribly long) because of the examples and the rationale behind Louisiana having a different system. [1] https://www.law.cornell.edu/wex/stare_decisis |
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