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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.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. This may happen several times as the case works its way through successive appeals.
If not all of the nine justices vote on a case, or the Court has a vacancy, then a tied vote is possible. If this occurs, then the decision of the court below is affirmed, but the case is not considered to be binding precedent. The effect is a return to the status quo ante.
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]
Concurrences do not create binding precedent. Concurring in the judgment: a justice agrees with the outcome the court reached but disagrees with its reasons for doing so. A justice in this situation does not join the majority opinion. Like regular concurrences, these do not create binding precedent.
This is an accepted version of this page This is the latest accepted revision, reviewed on 11 February 2025. Constitution of the United States The United States Congress enacts federal statutes in accordance with the Constitution. The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal ...
The various courts of appeals occasionally but rarely hand down conflicting rulings on the same legal issue. In large part, the Texas Supreme Court (in civil cases) or Court of Criminal Appeals (in criminal cases) exist to resolve these rare conflicts and to set forth consistent legal precedent for the state's litigants.
Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another.