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"Precedent" means "that which comes before". In making an interpretation of the law, judges will examine the decisions of judges who decided similar cases. If the case is sufficiently similar (the legal term for this is "on point"), the judge will adopt the reasoning of the earlier judge. This is called following a precedent.
What else can I help you with?
What does it mean when a judge follows a legal precedent?
"Precedent" means "that which comes before". In making an interpretation of the law, judges will examine the decisions of judges who decided similar cases. If the case is sufficiently similar (the legal term for this is "on point"), the judge will adopt the reasoning of the earlier judge. This is called following a precedent.
What does it mean when a judge uses precedent to arrive at an opinion?
precedent
What is mean by persuasive precedent?
this is not absolutely binding on a court but may be applied for instance if there is a case with no binding authority if the judge believes they have applied the correct legal principle and reasoning.
What does the system of judicial precedent mean?
The way the question is asked: USING judicial precedent, means that the judge is following the lead of a decision in a similar case that has already been decided upon and he is ruling the same way using the other case as a guideline. If the questioner meant to ask what does SETTING judicial precedent mean. . . that means that the judge was rendering a decision in a case of a type that had never been tried, or ruled upon, in the past, and that his verdict would set the 'precedent' by which all future cases might be judged. Judges, by the way, do NOT necessarily have to follow precedent in making rulings.
What is an example of a precedent in relation to interpreting law?
A precedent is a case that set the basis for any later case to be judged on, if it has the same principles. This is so cases of the same type may get the same outcome, depending on the circumstances.
What is a purist in the legal sense?
Talking in Legal sense, I think you may mean "Jurist" - One who has thorough knowledge and experience of law, especially an eminent judge, lawyer, or legal scholar.
What does DA mean when it follows your legal name?
Many titles are abbreviated DA, e.g. District Attorney and Doctor of Art.
What does adjudicated mean?
"Decided" as a dispute. When a judge decides a case, it is said that the judge has adjudicated the case. (It is possible for legal disputes to be settled by arbiters other than actual judges.)
What does it mean to say that supreme court decisions establish legal precedent?
As the highest court in the US, a ruling by the Supreme Court can not be challanged legally.In effect lower courts must make rulings on cases in line with any historic, relavent Supreme Court decisions (or their rulings will be overturned by higher courts).This means that a ruling by the Supreme Court sets the US legal standard - sets a precedent."precedent" means coming before another or others in time, place, rank, or sequence.
What does it mean if a case is overturned and how does it impact the legal system?
When a case is overturned, it means that a higher court has reversed the decision made by a lower court. This can impact the legal system by setting a new precedent, changing how similar cases are decided in the future. It can also lead to a reevaluation of laws and legal interpretations.
What does Doctrine of Stare Decisis mean?
Literally, stare decisis translates from the latin to mean "To stand by that which has been decided" or "To stand by decided matters". Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decision.
What does it mean by judge-made law?
When judges interpret laws, they can decide the constitutionality or legal challenges to it and in some cases their rulings can alter the intent of the law completely. That would be a judge-made law.
