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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.
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 ]
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.
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
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
A case may alternatively come before the court as a direct appeal from a three-judge federal district court. [201] The party that petitions the court for review is the petitioner and the non-mover is the respondent. Case names before the court are styled petitioner v. respondent, regardless of which party initiated the lawsuit in the trial court.
"Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. [ 1 ] [ 2 ] 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.
Natural Resources Defense Council, an environmentalist advocacy group, challenged the legality of the EPA's new definition. [3] NRDC won the case in a federal court, but the Supreme Court overturned that decision and ruled in favor of Chevron on the grounds that the courts should broadly defer to EPA and other independent regulatory agencies.