One of the first concepts taught in law school is the doctrine of stare decisis. This doctrine comes from the Latin phrase stare decisis et non quieta movere, meaning to adhere to precedent and not unsettle what is established. In re Osborne, 76 F. 3d 306, 309 (9th Cir. 1996). The core of the doctrine is often simply stated that the decisions of higher courts are binding precedent on lower courts. For law school purposes, this understanding typically suffices. But lawyers in practice? especially those in California?must understand much more. Here are five key points highlighting and contrasting stare decisis under California and federal law.
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