It means that a similar case, or cases, containing similar circumstances has been decided previously and the judge can consider this previous decision (i.e.- (precedent) in coming to his decision.
Precedents cases a case previously decided that serves as a legal guide for the resolution of subsequent cases.
Case law is based on the precedents and and legal principles applied by other courts in previous cases.
Precedents are the decisions in cases in the PAST. These past cases are used and applied to cases in the courts to provide certainty and consistency in the system of law and justice (no matter what legal system this is regarding).
Precedents cases a case previously decided that serves as a legal guide for the resolution of subsequent cases.
The doctrine of stare decisis (Latin: Let the decision stand) encourages courts to adhere to established precedents when deciding cases.
Decisions made by a state appeals court are binding on lower courts within the same state, meaning that trial courts must follow the legal principles established by the appeals court. Additionally, the decisions are typically binding on subsequent cases involving similar facts and legal issues within that jurisdiction. However, these decisions do not bind other state appeals courts or federal courts, as they operate under different jurisdictions and legal precedents.
Legal writing is used to determine precedents, to set peremiters and legalize determining factors...
No, the principle of stare decisis, which means to stand by things decided, is relevant in the hierarchy of courts. Lower courts are usually bound to follow the legal precedents set by higher courts within their jurisdiction. This helps ensure consistency and predictability in the law.
Questions of law are determined by statutes, legal precedents, and constitutional provisions. They involve the interpretation of legal principles and rules, rather than the facts of a case. Courts, particularly appellate courts, typically address questions of law to ensure consistent application of the law across cases. Ultimately, the resolution of these questions shapes legal standards and guides future judicial decisions.
Because in United States courts (federal) and most state courts (except Louisiana) we follow a common western legal system known as "Common Law" with bases itself on previous standing interpretations of a law (aka precedent)
It has original jurisdiction over, and therefore the power to resolve, disputes between states. -Apex
yes