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This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. Elk v. Wilkins, 112 U.S. 94 (1884) An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the United States Federal government. United States v.
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.
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. These past decisions are called ...
The Supreme Court follows a tradition of honoring precedent — most of the time.
admissibility of victim impact statements, stare decisis could be disregarded where fairness to victim's rights had priority over the demands of consistency in the common law. Peretz v. United States: 501 U.S. 923 (1991) role of magistrate judges in jury selection in a felony trial Harmelin v. Michigan: 501 U.S. 957 (1991)
This was a landmark case, prior to this, private citizens were permitted to litigate public rights. 9–0 Frothingham v. Mellon: 1923: Held that the generalized injury of higher taxation overall was insufficient to give a taxpayer standing to challenge federal spending. Considered the genesis of the doctrine of standing. [2] 9–0 Poe v. Ullman ...
"Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. [ 1 ] [ 2 ] In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.
Wade, principles of institutional integrity, and the rule of stare decisis require that Roe’s essential holding be reaffirmed. 2. The Pennsylvania law that required spousal awareness prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. 3.