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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.
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]
It also set legislative precedent with regard to American public domain lands. [4] The U.S. Supreme Court recognized the authority of the Northwest Ordinance of 1789 within the applicable Northwest Territory as constitutional in Strader v. Graham, [5] but it did not extend the ordinance to cover the respective states once they were admitted to ...
Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in pursuit of particular information or personnel relating to those confidential ...
The Constitution has twenty-seven amendments. Structurally, the Constitution's original text and all prior amendments remain untouched. The precedent for this practice was set in 1789, when Congress considered and proposed the first several Constitutional amendments.
Whether Britain’s COVID-19 lockdown will be worth what it will cost — a bill involving far more than just money — was and is, for now, unknowable. That it would be used as an excuse by ...
President-elect Donald Trump has tapped at least three retired generals to fill his administration's top national-security positions.
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.