Stare Decisis

Stare decisis is a common-law concept derived from the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed." In common law legal systems, the judiciary plays an important role in creating law and interpreting legislative enactments. Under the principal of stare decisis lower courts must follow the decisions of their supervising courts as long as the two cases are factually identical. If the lower court is unable to distinguish their case from a controlling decision, the case holding is said to be binding on the lower courts.

In comparison, civil law judges are generally not constrained by the decisions of higher courts.