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That's not really true at all. You just think that because you never hear about it. Stare decisis still applies at a trial level, but its scope is obviously muc
by arcbyte 2mo ago
That's not really true at all. You just think that because you never hear about it. Stare decisis still applies at a trial level, but its scope is obviously much narrower. Moreover, most things really aren't that novel. Most importantly, its quite hard to research on this level and usually pointless because theres usually a higher level case anyway.
- deleted 2mo ago[deleted]
- tzs 2mo agoIt is just persuasive precedent so any other court, or even the same court when dealing with case involving different parties, can ignore it.
- arcbyte 2mo agoYou are correctly stating that stare decisis is really just (very) persuasive precedent for the court reconsidering its own decisions, and that it is not binding on other jurisdictions that are not lesser. But these words belie the fact that stare decisis is largely a social construct for the judiciary. The right case and (very) persuasive argument could and does overcome precedent of any level in any court. It's just a matter of framing this case as "different" enough in a way that your reviewers (whether a higher court or a political concern) will agree with.