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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 ...
against the law Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. contradictio in adjecto: contradiction in adjective A contradiction where adjective contradicts its noun (e.g., a square triangle). contra proferentem: against the one bringing forth
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 Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem. [2] A vinculo matrimonii. (Lat. from the bond of matrimony) A term descriptive of a kind of divorce, which effects a complete dissolution of the marriage contract. [1] Abactor. l. A cattle-stealer. [3] Abandonment ...
In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' [is] one that settles the law upon some important point".
Models of judicial decision making are developed by researchers and scholars to provide an explanation for the votes of United States Supreme Court Justices. With the Supreme Court holding such importance in the American legal and political system, researchers, scholars, and court-watchers have long tried to understand the motivations of its ...
Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a ...
Obiter dicta (often simply dicta, or obiter) are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, obiter dicta include, but are not limited to, words "introduced by way of illustration, or analogy or argument". [1] Unlike ...