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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.
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.
The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems). [42] [15] While Common law systems place great weight on precedent, [90] civil law judges tend to give less weight to judicial precedent. [91]
Definition and use English pron a fortiori: from stronger An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true. / ˌ eɪ f ɔːr t i ˈ oʊ r aɪ, ˌ eɪ f ɔːr ʃ i ˈ oʊ r aɪ / a mensa et thoro: from table and bed
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "said in passing", [1] that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law , whereby a judgment comprises only two elements: ratio decidendi and obiter dicta .
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
Why tourists are being told to wipe their shoes before visiting the ‘world’s clearest lake’
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, [1] with its precise definition a matter of longstanding debate.