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Precedent. Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. [1][2][3] The legal doctrine stating that courts should follow precedent is called stare decisis (a Latin phrase with the literal meaning "to stand by ...
estate. Landed property, tenement of land, especially with respect to an easement (servitude). 2 types: praedium dominans - dominant estate (aka dominant tenement) praedium serviens - servient estate (aka servient tenement) praeemptio. previous purchase. Right of first refusal. praesumptio. presumption.
Civil law countries, the most prevalent system in the world, are in shades of blue. Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. [ 2 ][ 3 ][ 4 ] The defining characteristic of common law is that ...
Case law. 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. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
An order of precedence is a sequential hierarchy of nominal importance and can be applied to individuals, groups, or organizations. Most often it is used in the context of people by many organizations and governments, for very formal and state occasions, especially where diplomats are present. It can also be used in the context of decorations ...
Lists of landmark court decisions. Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. " Leading case " is commonly used in the United Kingdom and other Commonwealth jurisdictions ...
Glasser v. United States, 315 U.S. 60 (1942) A defense lawyer's conflict of interest arising from a simultaneous representation of codefendants violates the Assistance of Counsel Clause of the Sixth Amendment. Betts v. Brady, 316 U.S. 455 (1942) Indigent defendants may be denied counsel when prosecuted by a state.
Obiter dictum. Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.