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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 stare decisis (Latin, lit. 'to stand by things decided').
A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." [1] Where cases are published on paper, the citation usually contains the following information: Court that issued the decision. Report title.
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.
According to Black's Law Dictionary common law is "The body of law derived from judicial decisions, rather than from statutes or constitutions". [15] Legal jurisdictions that use common law as precedent are called "common law jurisdictions," in contrast with jurisdictions that do not use common law as precedent, which are called "civil law" or "code" jurisdictions."
Whereas an opinion that fewer than half of the justices join is known as a "plurality opinion" and is only partially binding precedent. Concurring: a justice agrees with and joins the majority opinion but authors a separate concurrence to give additional explanations, rationales, or commentary. Concurrences do not create binding precedent.
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.
The law of the United States comprises many levels of codified and uncodified forms of law, [1] of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts ...
The origins of the United States ' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the ...