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.
In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another ...
Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
The rule of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis ; however, "a series of adjudicated cases , all in accord, form the basis for ...
stare decisis: to stand by [things] decided The obligation of a judge to stand by a prior precedent. / ˈ s t eɪ r i d ɪ ˈ s aɪ s ɪ s / status quo status quo ante statu quo: the state in which In contract law, in a case of innocent representation, the injured party is entitled to be replaced in statu quo.
“Apparently, logic and stare decisis can be abandoned when conservative justices choose to serve their personal preferences,” a State College resident writes.
Under the doctrine of stare decisis, statements constituting obiter dicta are not binding, although in some jurisdictions, such as England and Wales, they can be strongly persuasive. For instance, in the High Trees case, [ 5 ] Mr Justice Denning was not content merely to grant the landlord's claim, but added that had the landlord sought to ...
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...