Res Judicata vs Stare Decisis: What’s the Difference?

The difference at a glance

Res judicata prevents a party from relitigating a specific resolved case. Stare decisis is the doctrine of following past judicial decisions as a general principle of precedent.

What does Res Judicata mean?

legal term · /reɪz ˌdʒuː.dɪˈkɑː.tə/

A matter that has been definitively adjudicated by a court and cannot be litigated again by the same parties. Res judicata is finality made law — the case is over, the decision stands.

Res Judicata in a sentence

The court dismissed the claim under res judicata — the identical issue had been decided three years earlier.

Res judicata ensures that legal disputes eventually end, even if not everyone is satisfied.

What does Stare Decisis mean?

legal principle · /ˌstɛər.eɪ dɪˈsaɪ.sɪs/

The doctrine that courts should follow precedent — that previous decisions bind future cases involving similar facts. Stare decisis is the foundation of common law consistency: like cases should be decided alike.

Stare Decisis in a sentence

The court followed stare decisis, even though several judges believed the precedent should be reversed.

Overturning stare decisis requires extraordinary justification — and even then is controversial.

Frequently asked questions