STARE DECISIS, stare th-silsis (from the Latin Starr decisis, ct non (pieta morcre—"to stand by decisions and not to disturb matters once settled"). A phrase employed to describe a doctrine prevailing in most judicial systems of modern times, which, briefly expressed, is that the courts will follow the principles of law de clared in former decisions where they are not con trary to the ordinary principles of justice. The theory on which this doctrine was established is that when a point of law is once decided it will be followed by the public as a guide. The doctrine of stare dccisis does not apply to a decision until the time for appeal has elapsed; and a superior court may at any time overrule or repudiate the principles of a case previously decided in an inferior court and never appealed. Under such circumstances the original case erroneously de cided would not lie affected, and would remain rcs judicator between the parties thereto, but would no longer he cited as an authority. Courts
of equal jurisdiction in the same State are not bound by each other's decisions, and one United States circuit court is not bound by the decisions of another. The United States courts will usu ally follow the decisions of the courts of the vari ous States where an interpretation or applica tion of their laws is involved. The courts of one State are not bound by the decisions of the courts of another, nor by those of a foreign country.
The courts are especially averse to disturbing the principles of law- involving titles to and in terests in real estate. The policy seems to be not to do so where it is only a question of expedi ency, and to do so with caution where the prin ciples of a decision are erroneous and will lend to work injustice in the future. Consult: Wells, Time Doctrines of Res Adjudicate and Stare De cisis (Des Moines).