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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.
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.
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.
Literally "from law"; something that is established in law, whether or not it is true in general practice. Cf. de facto. de lege ferenda: of the law as it should be Used in the context of "how the law should be", such as for proposed legislation. de lege lata: of the law as it is
Prosecutors should not stretch criminal laws in ways that would be unfair to Trump and that would open the door to unwarranted prosecutions of others, write David Orentlicher and Eve Hanan.
But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law articulated in the majority opinion.
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 ...
Establishing a "test" (that is, a measurable standard that can be applied by courts in future decisions), such as the Oakes test (in Canadian law) or the Bolam test (in English law). Sometimes, with regard to a particular provision of a written constitution, only one court decision has been made.