What is the difference between stare decisis and precedent?

Stare decisis is a doctrine, or an instruction, used in all court cases and with all legal issues. Stare decisis means that courts look to past, similar issues to guide their decisions. These past decisions are known as precedent. Precedent is a legal principle, or a rule, that is created by a higher court decision.

In civil law and pluralist systems, precedent is not binding but case law is taken into account by the courts. Binding precedent relies on the legal principle of stare decisis. Stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law.

Precedent is a legal principle developed by the courts and refers to the decisions made that will serve for the future. Precedents made in higher courts are followed by lower courts in the same hierarchy. Precedent is based on the principle known as the 'stare decisis' this means to stand by what has been decided.

A court engages in vertical stare decisis when it applies precedent from a higher court. For example, if the Seventh Circuit Court of Appeals adhered to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis.

Horizontal and vertical stare decisis

Horizontal stare decisis refers to a court adhering to its own prcedent, whereas a court engages in vertical stare decisis when it applies precedent from a higher court. In the United States, the U.S. Supreme Court is the highest authority with regard to stare decisis.