Analysis of information sources in references of the Wikipedia article "Precedent" in English language version.
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Stare Decisis—a Latin term that means 'let the decision stand' or 'to stand by things decided'—is a foundational concept in the American legal system. To put it simply, stare decisis holds that courts and judges should honor 'precedent'—or the decisions, rulings, and opinions from prior cases. Respect for precedents gives the law consistency and makes interpretations of the law more predictable—and less seemingly random.
Common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge.
Law report, in common law, published record of a judicial decision that is cited by lawyers and judges for their use as precedent in subsequent cases. The report of a decision ordinarily contains the title of the case, a statement of the facts giving rise to the litigation, and its history in the courts. It then reproduces the opinion of the court and concludes with the court's judgment—affirming or reversing the judgment of the court below. The report of a modern decision is usually preceded by an analytic summary of the opinion, called a headnote, that states the points decided.
obiter dictum, Latin phrase meaning 'that which is said in passing,' an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
Stare decisis, Latin for to stand by things decided, is a judicial doctrine under which a court follows the principles, rules, or standards of its prior decisions (or decisions of higher tribunals) when deciding a case with arguably similar facts.
The full Latin phrase is stare decisis et non quieta movere—stand by the thing decided and do not disturb the calm. See James C. Rehnquist, Note, The Power That Shall Be Vested in a Precedent: Stare Decisis, The Constitution, and the Supreme Court, 66 B.U. L. Rev. 345, 347 (1986).
In the modern era, the Supreme Court has applied the doctrine of stare decisis by following the rules of its prior decisions unless there is a special justification—or, at least, strong grounds—to overrule precedent. This justification must amount to more than a disagreement with a prior decision's reasoning. In adopting this approach, the Court has rejected a strict view of stare decisis that would require it to adhere to its prior decisions regardless of those decisions' merits or the practical implications of retaining or discarding precedent.
Precedent refers to a court decision that is considered an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. Stare decisis means "to stand by things decided" in Latin. When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision.
Binding precedent is a legal rule or principle, articulated by an appellate court, that must be followed by lower courts within its jurisdiction. Essentially, once an appellate court reviews a case, it will deliver a written opinion. This written opinion will include the court's determination on a question of law. This determination, known as a holding, is binding on all lower courts within the jurisdiction, meaning that lower courts must apply this decision when presented with similar facts. The lower courts are thus bound, or required to follow the legal precedent set by the higher court.
Civil law, as a legal system, refers to a popular way of structuring legal systems around broad codes and detailed statutes that determines the rights and obligations of individuals, without any emphasis on the role of precedent, courts, judges, and juries as in common law countries. Civil law countries typically are characterized by their emphasis on the codified law only with judges playing the main role of finding the facts and applying the law in courts. The civil law system has its roots in the rediscovery of Roman Law in the Middle Ages, with influences from many other legal systems. Today, civil law continues to be the most common legal system in the world.
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals adhered to the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. A court engages in vertical stare decisis when it applies precedent from a higher court. For example, if the Seventh Circuit Court of Appeals adhered to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis. Or, additionally, if the Federal District Court for the Southern District of New York adhered to a previous ruling by the Second Circuit, that would be vertical stare decisis.
Ratio decidendi is Latin for 'rationale for the decision.' The term refers to a key factual point or chain of reasoning in a case that drives the final judgment... Ratio decidendi is the basis for a court decision and creates binding precedent.
Obiter dicta is the plural form of obiter dictum, which is Latin for "something said in passing." The term describes comments, suggestions, or observations made by a judge in an opinion that are not necessary to resolve the case, and as such, are not legally binding on other courts but may still be cited as persuasive authority in future litigation. Also referred to as dictum, dicta, and judicial dicta. A dissenting opinion is also generally considered obiter dictum.
Although court decisions of persuasive authority are not binding precedent, a court may choose to rely on and follow the decisions. Cases such as this one from Michigan explain that a court may follow the decisions of another jurisdiction if the reasoning is persuasive. Courts may also look to decisions from other jurisdictions for guidance; for example, when deciding issues of first impression—like this one from Colorado—or matters in which the forum state law is unclear—like this one from Utah. A court, however, will not follow decisions of persuasive authority when the decision is against the forum jurisdiction's public policy.
A case of first impression is a case that presents a legal issue that has never been decided by the governing jurisdiction. ... A case of first impression lacks controlling precedent. In other words, a court deciding a case of first impression cannot rely on prior decisions nor is the court bound by stare decisis. To adopt the most persuasive rule of law, courts will look to various sources for guidance.
{{cite journal}}: Cite journal requires |journal= (help)— case of first impression: a case that presents an issue or question never before decided or considered by the court
A precedent is 'binding' on a court if the precedent was made by a superior court that is higher in the hierarchy of courts. A binding precedent must be followed if the precedent is relevant and the circumstances of the cases are sufficiently similar. For example, decisions of the High Court are binding on all courts in Australia, but a decision of the Supreme Court is not binding on the High Court, and a decision of the District Court is not binding on the Supreme Court.
A precedent is 'persuasive' if it was established by a superior court that is not higher in the hierarchy of courts. This means that the precedent should be seriously considered, but is not required to be followed. For example, a precedent established by the Supreme Court of New South Wales is persuasive but not binding on the Supreme Court of Victoria, since these courts are not in the same hierarchy and are of equal authority. Decisions of superior overseas courts, particularly the superior courts of the United Kingdom, are persuasive precedents in Australia.
Judge-made law is an independent source of law in common law systems.
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally 'follow precedent' - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge.
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally 'follow precedent' - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Law report, in common law, published record of a judicial decision that is cited by lawyers and judges for their use as precedent in subsequent cases. The report of a decision ordinarily contains the title of the case, a statement of the facts giving rise to the litigation, and its history in the courts. It then reproduces the opinion of the court and concludes with the court's judgment—affirming or reversing the judgment of the court below. The report of a modern decision is usually preceded by an analytic summary of the opinion, called a headnote, that states the points decided.
Persuasive precedent. Precedent that a court may, but is not required to, rely on in deciding a case. Examples of persuasive precedent include: decisions from courts in neighboring jurisdictions; and dicta in a decision by a higher court.