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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.
The Taxation (Bright-line Test for Residential Land) Act 2015 is a form of Capital Gains Tax legislation in New Zealand. [2] When it was introduced a bright-line test was described as, "a term used in law for a clearly-defined rule or standard, using objective factors, which is designed to produce predictable and consistent results." [3]
overturning prior precedent based on its negative effects or flaws in its reasoning; 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.
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like ...
Miller v. California sets the precedent as to what may constitute illegal obscenity generally under US law. [11] Dost only focused on the prong of the Miller test that deals specifically with appealing to the prurient interest. The other two prongs of the Miller test are whether or not the material violates contemporary community standards and ...
The potential for reconsideration of the precedent of Sullivan were raised in the late 2010s and early 2020s. [24] Leading into and during his first presidency from 2016 to 2020, Donald Trump called for changes in libel laws, taking issue with reporting from The New York Times and the content of Bob Woodward 's book, Fear: Trump in the White ...
But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law articulated in the majority opinion.
The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. The Court famously opined, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech ...