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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.
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]
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.
A memorandum decision does not establish legal precedent or re-interpret the law, and cannot be invoked in subsequent cases to justify a ruling. Opinions, on the other hand, always establish a particular legal interpretation. [2]
The ruling does not call into question prior cases that relied on the Chevron doctrine, Roberts wrote. Here is a look at the court's decision and the implications for government regulations going ...
A simple concurring opinion arises when a judge joins the decision of the court but has something to add. Concurring in judgment means that the judge agrees with the majority decision (the case's ultimate outcome in terms of who wins and who loses) but not with the reasoning of the majority opinion (why one side wins and the other loses).
It could set “an incredibly dangerous precedent,” said Kristen Moore, the director of the Expanding Medication Abortion Access Project. Putting the medication back “under lock and key ...
The former vice president insisted Congress had "no right to my testimony" and that it would would establish a "terrible precedent" if he was summoned to appear. Pence says he will not testify ...