Search results
Results from the WOW.Com Content Network
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
For example, special counsel Jack Smith was on solid ground when he charged Trump in federal court in June with the mishandling of classified documents after Trump allegedly took documents with ...
Sometimes, with regard to a particular provision of a written constitution, only one court decision has been made. By necessity, until further rulings are made, this ruling is the leading case. For example, in Canada, "[t]he leading case on voting rights and electoral boundary readjustment is Carter.
This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. Elk v. Wilkins, 112 U.S. 94 (1884) An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the United States Federal government. United States v.
But it’s inevitable that sometimes, the precedent has to go, and a court has to overrule another court, or even its own decision from an earlier case. In its upcoming term, the U.S. Supreme ...
Lawyers are “trained to argue cases on precedent,” Ekow Yankah, a law professor at the University of Michigan, told NBC News. “And I can see prosecutors using this in cases that won’t get ...
Held that an organization may sue in its own right if it has been directly injured, for example through a "drain on the organization's resources", and that so-called "testers", individuals who sought to determine if a company was in violation of the law, may have standing in their own right. [8] 9–0 [9] City of Los Angeles v. Lyons: 1983
The so-called abstraction approach to gun law precedent has been applied by judges before, including in a pre-Bruen case by then-Circuit Judge Amy Coney Barrett — who is now a Supreme Court ...