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Mitzi Caryl Encarnacion / LS203 / POLIGOV / 10-6-2016

The principle of Stare decisis mainly revolves on the idea that the first case that the

Supreme Court decided upon will be used as a reference to future cases that is related to it. Stare

decisis is best explained through its English translation, “to stand by decided matters”. The

phrase is an abbreviation of the Latin phrase “stare decisis et non quieta movere” which

translates as “to stand by decisions and not to disturb settled matters”. To put it into simpler

words, the decision of the Supreme Court should be followed by the lower courts. The case, that

is similar to the first case that was already decided, is deemed closed for further arguments after

it has been examined and decided upon. In addition, courts look to past and similar issues to

guide their decisions. Although, there are three conditions as to when this principle will not be

followed namely, when it is unreasonable, when courts of equal authority have conflicting

decisions and when the decisions were made based on the principle needed to make a decisions

and not the words or reasoning.

In Learning the Law (9th ed. 1973), Glanville Williams stated, “suppose that in a certain

case facts A, B and C exist, and the facts B and C are material and fact A immaterial, and then

reaches conclusion X. Then it enables us to say that in any future case in which facts B and C

exist, or in which facts A and B and C exist, the conclusion must be X.

To put this explanation into an example, the case of Karen Ann Quinlan was the first to

deal with the problem of removing life-sustaining treatment from a patient who was not

terminally ill but who was not really “alive”; this was due to the coma she was in. The decision

to withdraw life support, which was once a private matter between Karen’s family and doctor,

became an issue to be decided by the courts. The New Jersey Supreme court ruling on this case

became the precedent for nearly all right-to-die cases nationwide.


Source: G.R No. 166562. (n.d). Retrieved October 5, 2016, from

http.//www.lawphil.net/judjuris/juri2009mar2009/gr_166562_2009.html

Court and the End of Life – The Right to Privacy: Karen Ann Quinlan (n.d). Retrieved October

5, 2016, from http.//www.libraryindex.compages/582/Court-End-Life-RIGHT-RIVACY-

KAREN-ANN-QUINLAN.html

Stare Decisis and Techniques of Legal Reasong and Legal Argument (n.d). Retrieved October 5,

2016, from http.//legalresearch.org/writing-analysis/stare-decisis-techniques/

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