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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.
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.
Such a decision may settle the law in more than one way: establishing a significant new legal principle or concept; overturning prior precedent based on its negative effects or flaws in its reasoning; distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisis;
The Biden administration has defended the law, warning that overturning so-called Chevron deference would be destabilizing and could bring a “convulsive shock” to the nation's legal system.
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.
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.
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 ...