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The rule of four is not required by the US Constitution, any law, or even the Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion on hearing appeals by the Judiciary Act of 1891 , Judiciary Act of 1925 , and the Supreme Court Case Selections Act of 1988.
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.
Doing damage. A term applied to a person's cattle or beasts found upon another's land, doing damage by treading down the grass, grain, etc. [9] Dual representation. A concept where one lawyer represents two people who may have conflicting interests. [10] [11] It may occur in immigration law, family law, or real estate law, for example.
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 leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.
Many legal systems do not provide for a dissenting opinion and provide the decision without any information regarding the discussion between judges or its outcome. A dissent in part is a dissenting opinion which disagrees selectively with one or more parts of the majority holding. In decisions that require holdings with multiple parts due to ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Canadian legal scholar Donald J. Netolitzky defined pseudolaw as "a collection of legal-sounding but false rules that purport to be law", [2] a definition that distinguishes pseudolaw from arguments that fail to conform to existing laws such as novel arguments or an ignorance of precedent in case law.