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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.
If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions ...
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]
United States Reports, the official reporter of the Supreme Court of the United States. Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
United States Courts of Appeals may also make such decisions, particularly if the Supreme Court chooses not to review the case, or adopts the holding of the court below. Although many cases from state supreme courts are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other ...
The legal definition of "judgment" contemplates decisions made by judges in a court of law. [3] Decisions of quasi-judicial bodies and administrative bodies may also be colloquially referred to as "judgments," but they must be distinguished from true judgments in that they are not made by judges in courts of law. [3]
Another definition [13] declares precedent to be," a decision in a court of justice cited in support of a proposition for which it is desired to contend". Compared to other sources of law, precedent has the advantage of flexibility and adaptability, and may enable a judge to apply "justice" rather than "the law". Equity (England only)
Since then, the decisions of the BVerfG can be accompanied by a minority opinion with the signature of the differing judge votes. The aim of the reform was to achieve greater transparency in court decisions and to strengthen the position of the individual judge. Special votes are also possible at some state constitutional courts in Germany.