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In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Unlike most civil law systems, common law systems follow the doctrine of stare decisis , by which most courts are bound by their own previous decisions in similar cases.
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.
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 ]
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisis; establishing a test or a measurable standard that can be applied by courts in future decisions. In the United States, landmark court decisions come most frequently from the Supreme Court.
The law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis. The phrase refers to instances where "rulings made by a trial court and not challenged on appeal become the law of the case."
The rule of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis ; however, "a series of adjudicated cases , all in accord, form the basis for ...
Under the doctrine of stare decisis, statements constituting obiter dicta are not binding, although in some jurisdictions, such as England and Wales, they can be strongly persuasive. For instance, in the High Trees case, [ 5 ] Mr Justice Denning was not content merely to grant the landlord's claim, but added that had the landlord sought to ...