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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.
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
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 ]
Charter of Rights, section 7 (Legal rights) Establishes that laws which impose prison sentences for "absolute liability" offences (i.e. offences for which intent or negligence need not be shown) are invalidated by section 7 of the Charter. R v Morgentaler: Supreme Court [1988] 1 SCR 30: Charter of Rights, section 7 (Legal rights), abortion
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, [1] with its precise definition a matter of longstanding debate.
Case Law. Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law , a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists.
Legal opinion is a key point in law. In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.