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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.
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [2] [3] Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. [4]
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law , a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists.
There is no universally agreed-to list of "leading decisions" in Canada. One indication, however, as to whether a case is widely regarded as being "leading" is its inclusion of the ruling in one or more of the series of compilations prepared over the years by various authors. One of the e
This is intended as a quick reference to various pages that list arguments to avoid and other precedents.It is also intended as a guide to getting the most out of various discussions, and avoiding writing in a way that may be given less weight, in favor of a way that may have more merit.
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour ... The "doctrine of precedent", ...