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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.
These past decisions are called "case law", or precedent. 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.
Charter of Rights, section 7 (Legal rights) Establishes that laws which impose prison sentences for "absolute liability" offences (i.e. offences for which intent or negligence need not be shown) are invalidated by section 7 of the Charter. R v Morgentaler: Supreme Court [1988] 1 SCR 30: Charter of Rights, section 7 (Legal rights), abortion
An exaction is a concept in US real property law where a condition for development is imposed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development. [1] The rationale for imposing the exaction is to offset the costs, defined broadly in economic terms, of the development to the municipality. [2]
Unworthy beneficiary or heir, who is precluded from inheriting because his conduct makes him unworthy, in a legal sense, to take in the deceased's estate. infans: infant (Roman-Dutch law) child of 7 years or younger and who therefore has very limited legal capacity. Plural infantes. [ˈinˌfanz] invecta et illata: brought in and carried out
Commercial real estate has beaten the stock market for 25 years — but only the super rich could buy in. ... "It would set a dangerous precedent, if you could go on to someone else's land, build ...
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." [1] Where cases are published on paper, the citation usually contains the following information: Court that issued the decision; Report title; Volume number; Page, section, or ...