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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.
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.
Used to say 'contrary to the opinion of.' It is a polite way of marking a speaker's disagreement with someone or some body of thought. / ˈ p ɑː tʃ eɪ / par delictum: equal fault Used when both parties to a dispute are at fault. parens patriae: parent of the nation
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]
A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." [1] Where cases are published on paper, the citation usually contains the following information: Court that issued the decision; Report title; Volume number; Page, section, or ...
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 ...
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)
Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions.