November 2003 Archives

November 5, 2003

Stare Decisis and the Ohio Supreme Court

Black's Law Dictionary defines "stare decisis" as "[t]he doctrine of precedent, under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation." The Ohio Supreme Court stated that "[w]e adhere to stare decisis as a means of thwarting the arbitrary administration of justice as well as providing a clear rule of law by which the citizenry can organize their affairs." Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216.

On the other hand, courts need the flexibility to get it right despite prior decisions. The Ohio Supreme Court laid out a test in the Galatis decision for determining when "a past decision [of the Ohio Supreme Court] should be abandoned." That test states that a decision by the Ohio Supreme Court may be overruled where:

1.) The decision was wrongly decided at that time, or changes in circumstances no longer justify continued adherence to the decision,

2.) The decision defies practical workability, and

3) abandoning the precedent would not create an undue hardship for those who have relied upon it.

Bookmark and Share