Stare Decisis

Term from Legal Consultancy industry explained for recruiters

Stare Decisis is a fundamental principle in law that means "to stand by things decided." In simple terms, it's the practice where courts follow previous court decisions when handling similar cases. This principle helps make the legal system more predictable and consistent. When lawyers or legal professionals mention Stare Decisis in their resumes, they're showing they understand how to use past court decisions to support their current cases. It's similar to following established company policies or guidelines, but in the legal world. Other common terms for this concept include "precedent" or "case law."

Examples in Resumes

Successfully applied Stare Decisis principles in multiple corporate law cases

Researched and utilized Case Law and Stare Decisis to support client arguments in court

Trained junior associates on proper application of Legal Precedent and Stare Decisis in case preparation

Typical job title: "Legal Associates"

Also try searching for:

Legal Associate Attorney Legal Counsel Lawyer Legal Researcher Law Clerk Judicial Clerk

Where to Find Legal Associates

Example Interview Questions

Senior Level Questions

Q: How do you handle situations where different jurisdictions have conflicting precedents?

Expected Answer: A senior lawyer should explain how they analyze different jurisdictions' rulings, evaluate their applicability, and determine which precedents carry more weight in their specific case.

Q: Can you describe a time when you successfully challenged an established precedent?

Expected Answer: They should discuss how they identified why the precedent shouldn't apply, gathered evidence to support their position, and effectively argued for a different interpretation.

Mid Level Questions

Q: How do you research relevant precedents for a new case?

Expected Answer: Should explain their process for finding similar cases, using legal databases, and evaluating which precedents are most relevant to their current case.

Q: What factors do you consider when determining if a precedent applies to your case?

Expected Answer: Should discuss comparing fact patterns, jurisdiction relevance, and how recent the precedent is.

Junior Level Questions

Q: What is the basic concept of Stare Decisis?

Expected Answer: Should be able to explain that it means following previous court decisions and why this is important for consistency in law.

Q: How do you distinguish between binding and persuasive precedent?

Expected Answer: Should explain that binding precedents must be followed by lower courts, while persuasive precedents are suggestions from other jurisdictions.

Experience Level Indicators

Junior (0-2 years)

  • Basic legal research
  • Understanding of precedent hierarchy
  • Case law analysis
  • Legal writing fundamentals

Mid (2-5 years)

  • Advanced precedent research
  • Jurisdiction analysis
  • Precedent application
  • Legal argument development

Senior (5+ years)

  • Complex precedent analysis
  • Precedent strategy development
  • Training junior lawyers
  • Challenging established precedents

Red Flags to Watch For

  • Unable to explain basic legal research methods
  • No experience with legal databases
  • Lack of understanding of court hierarchies
  • Poor knowledge of jurisdiction differences

Related Terms