What is the doctrine of stare decisis?

The doctrine of stare decisis is a legal principle in Nebraska with respect to administrative law. It is a Latin phrase meaning “to stand by that which is decided” and is used to refer to the duty of courts to abide by the precedents set by prior court decisions. This means that attempts to overturn or modify previous decisions generally will not succeed, unless a compelling legal argument exists. This doctrine provides important continuity and predictability in the legal system and ensures that future court decisions are in line with prior decisions. If stare decisis was not in effect, it would allow a new court to overrule the decisions of a previous one, resulting in legal chaos and uncertainty. In Nebraska, the doctrine of stare decisis is applied to administrative law, where courts and agencies must follow past rulings and decisions. When a new case is presented to an administrative court, it must first look to previous decisions to determine how similar cases were decided in the past. If there is no direct precedent, the court may look to decisions in other similar cases or analyze the legislative intent behind the law to further guide its ruling. It is only when the court cannot find a sufficient legal basis, or if the facts of the case require different judicial action, that the court is able to depart from the precedent set by previous decisions.

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What is the doctrine of stare decisis?

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