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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.
A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. ne exeat: let him not exit [the republic] Shortened version of ne exeat republica: "let him not exit the republic". A writ to ...
One of the earlier examples is Augustus Henry Frazer Lefroy's Leading Cases in Canadian Constitutional Law, published in 1914. More recently, Peter H. Russell and a changing list of collaborators have published a series of books, including: Leading Constitutional Decisions (first published 1965, with several later editions);
This case featured the first example of judicial nullification of a federal law and it was the point at which the Supreme Court adopted a monitoring role over government actions. [2] Little v. Barreme, 6 U.S. 170 (1804) The President does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the US Congress.
United States Reports, the official reporter of the Supreme Court of the United States. Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
For example, notifications are used to inform the public of the dates of commencement of statutes and the appointment of individuals to government posts. By-laws are regulations made by certain public and private bodies, for instance, strata title management corporations. Their extent is usually limited to a relatively small geographical area ...
In civil law jurisdictions the doctrine of stare decisis is not generally considered to apply, so the decisions of the supreme court are not necessarily binding beyond the immediate case before it; however, in practice the decisions of the supreme court usually provide a very strong precedent, or jurisprudence constante, for both itself and all ...
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator.