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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.
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
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 ...
The Supreme Court follows a tradition of honoring precedent — most of the time.
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 ...
States have standing to sue the EPA to enforce their views of federal law, in this case, the view that carbon dioxide was an air pollutant under the Clean Air Act. Cited Georgia v. Tennessee Copper Co. as precedent. 5–4 Hein v. Freedom From Religion Foundation: 2007: Bond v. United States: 2011
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 ...
distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisis; establishing a test or a measurable standard that can be applied by courts in future decisions. In the United States, landmark court decisions come most frequently from the Supreme Court.