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Precedent - Wikipedia, the free encyclopedia In law, a precedent or authority is a legal case establishing a principle or rule which a court may need to adopt when deciding subsequent cases with similar issues or facts. When a precedent establishes an important legal principle, or represents new or changed law on a particular issue, that precedent is often known as a landmark decision. Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et non quieta movere--"to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision. en.wikipedia.org /wiki/Precedent   (796 words)

Stare decisis - Wikipedia, the free encyclopedia Precedents of a United States court of appeals may be overruled only by the court en banc, that is, a session of all the active appellate judges of the circuit, or by the United States Supreme Court. A precedent does not bind a court if it was found there was a lack of care in the original “Per Incuriam”, for example if a statutory provision or precedent had not been brought to the courts decision. Occasionally, the application of prior case law results in court decisions which the judge explicitly states personal disagreement with the judgment he or she has rendered, but that he or she is required to do so by binding precedent, that is, the issue at hand was already decided by a higher court. en.wikipedia.org /wiki/Stare_decisis   (2489 words)

[No title] The doctrine of precedent states that a decision made by a court in one case is binding on other courts in later cases involving similar facts. Precedent is the basis of the common law; that body of law emerging from cases as they are decided by the judges. If there are conflicting precedents (and the later one did not overrule the earlier precedent), choose the one you like best, although you are, technically, supposed to choose the most recent one, unless there is a good reason not to do so.) (Colchester Estates v. members.lycos.co.uk /lawnet/PRECED.HTM   (4760 words)

Legal Definition of Precedent Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. To render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions. Precedents can only be useful when they show that the case has been decided upon a certain principle and ought not to be binding when contrary to such principle. www.lectlaw.com /def2/p069.htm   (596 words)

[No title] Binding precedent set forth by the United States Supreme Court may not be ignored by a lower court simply because the lower court reaches a conflicting decision based upon its own analysis of evolving standards of decency. Binding precedent set forth by the United States Supreme Court may not be ignored by a lower court simply because the lower court reaches a conflicting decision based upon its own analysis of evolving standards of decency...........................................................................................5 A. Binding precedent set forth by the U.S. Supreme Court may not be ignored by a lower court simply because the lower court reaches a conflicting decision based upon its own analysis of evolving standards of decency. wings.buffalo.edu /law/bclc/wechsler2004/team1.doc   (6989 words)

Los Angeles Lawyer - Precedent Binding or mandatory precedent is a precedent under the doctrine of stare decisis that a court must consider when deciding a case. In general, binding precedent involves decisions made by a higher court in a common law jurisdiction. When a precedent becomes of significant importance to an issue, or represents new or changed law in a particular issue, that precedent is often referred to as a Landmark case or landmark decision. www.danataschner.com /precedent.html   (476 words)

The Hindu : Doctrine of binding precedent of utmost importance: SC Bench The Hindu : Doctrine of binding precedent of utmost importance: SC Bench Doctrine of binding precedent of utmost importance: SC Bench Underlining the principles of `the doctrine of binding precedent', a Constitution Bench of the Supreme Court has reiterated that ``a pronouncement of law by a Division Bench of this court is binding on a Division Bench of the same or smaller number of judges.'' www.hindu.com /2002/04/15/stories/2002041501411300.htm   (181 words)

California Department of Social Services - Community Care Licensing Division - Decisions Relied Upon as Precedent The authority to establish precedent for administrative matters, by identifying cases and certifying them, was established fairly recently although precedent is used routinely by judges in other civil cases and in criminal cases. Precedent is important to parties in a legal case involving the Department, because the precedent establishes what the Department has done in the past, and why. Precedent is binding upon any case filed by the Department, to the extent that a case involves the same facts, legal or policy issues determined in the precedent. ccld.ca.gov /DecisionsR_1780.htm   (606 words)

[No title] Precedent is both backward-looking (when a court today looks to the past for guidance) [FN115] and forward-looking (when a court today contemplates the future ramifications of its decision in the instant case). of assimilation." [FN176] The constraint of precedent is "not. The "value" of a "precedent" varies from one later case to the next and depends on a number of factors, including the relationship of the precedent and subsequent courts and the identity between the prior and subsequent cases. www.nonpublication.com /pearson.txt   (18238 words)

[No title] For example, if the precedent is binding on the court to which you are arguing, then the second argument (that the precedent reached the correct result) is made by the citation. Finding yourself comparing non-analogous sections of your case and the precedent (such as comparing the facts in your case to the law in the precedent) is a warning sign to revise the structure of your analogy. Analogize the policy in the precedent to the policy you want to apply in your case and the law in the precedent to the result you want to reach in your case: Once you have made the factual comparisons and explained their importance at the structural level, analogize the policy and the law. www.davidleelaw.com /articles/caselawana.html   (1373 words)

Whence comes the binding power of precedent? | Ask MetaFilter Precedent, namely the believe that courts create law that is binding on later decisions, is an inherent power of common law courts. Jan Deutsch said that "No case is a precedent on the day it is decided." Precedent is established when later decisions adhere to an earlier one and claim they do so because of precedent. First, state law as decided by that state's highest court is not only binding on state courts, but it's binding on federal courts as well insofar as they have to decide anything based on that state's law (unless of course the state law is itself against the constitution of the United States). ask.metafilter.com /mefi/15774   (2183 words)

The Journal of Appellate Practice and Process - From Anastasoff to Hart To West's Federal Appendix: The Ground Shifts ... The modern concept of binding precedent required two conditions, reliable case reports and a settled hierarchy of courts, that were not in place until at least the mid-nineteenth century, Judge Kozinski points out. The case against no-citation rules asks not that unpublished opinions be regarded as binding precedents, or as precedents at all in the normative, stare decisis sense. 36.3 (unpublished decisions “are not binding precedents,” and their citation is “disfavored”; but an unpublished decision may be cited if it has “persuasive value with respect to a material issue that has not been addressed in a published opinion” and it would “assist the court in its disposition”). www.law.ualr.edu /japp/barnett.html   (8404 words)

Legal Resources: Law review articles, federal cases & newspapers The use of the terms "primary' and "secondary' authority, as applied in the concrete sense, must not be confused with the use of the terms "imperative' and "persuasive' authority, as used in the abstract sense. The doctrine holding that a decision rendered in a former appeal of a case is binding in a later appeal. "In law a precedent is an adjudged case or decision of a court of justice, considered as furnishing a rule or authority for the determination of an identical or similar case afterwards arising, or of a similar question of law. www.secretjustice.org /law_reviews.htm   (6132 words)

Supreme court - Wikipedia, the free encyclopedia Most common law nations have the doctrine of stare decisis in which the rulings (decisions) of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction. The court's decisions are final and binding on the federal courts and the courts from all provinces and territories, including the Province of Quebec which has its own distinct legal system in matters of property and civil law based on the Civil Code of Quebec. In extremely rare cases such as capital punishment, the decision may be passed on to the President of India for clemency petitions. en.wikipedia.org /wiki/Supreme_Court   (2637 words)

Browse Caselaw As we see the real issue, by applying the principles of binding precedent to the facts of this case, we conclude the failure to apply the principles of res judicata to this case has neither denied Norris or his wife their day in court nor denied them due process of law. In light of the applicability of the doctrine of binding precedent, we conclude the judgment of the trial court is proper and legal for an appropriate reason. The question should be whether application of the doctrine of binding precedent would violate due process under the circumstances of the instant case. www.lawskills.com /case/ga/id/43419   (3730 words)

PROPOSED FEDERAL RULE OF APPELLATE PROCEDURE 32.1 TO REQUIRE THAT CIRCUITS ALLOW CITATION TO UNPUBLISHED OPINIONS [2] which are issued primarily for the benefit of the parties to the case and typically cannot be cited by future litigants as binding precedent, regardless of how similar the facts and issues in those decisions may be. Given that resource constraints preclude requiring that unpublished opinions be treated as binding authorities, a rule change prohibiting citation of unpublished opinions to any court of appeals would be as, if not more, effective in achieving both inter- and intra-circuit uniformity, and would be preferable for a host of other reasons. The Advisory Committee might respond that inconsistency and unpredictability regarding whether judges treat unpublished opinions as binding is no different from the inter- and intra-circuit inconsistency that litigants commonly face, and have come to expect, on the full array of discretionary procedural and substantive judgments that determine the outcome of their cases. www.law.harvard.edu /students/orgs/jol/vol41_2/velamoor.php   (6847 words)

Media | Binding Precedent in the Trial Section of the BPAI | Oblon Spivak McClelland Maier & Neustadt, P.C., ...   (Site not responding. Last check: 2007-10-30) Binding Precedent in the Trial Section of the BPAI Binding Precedent in the Trial Section of the BPAI The stunning fact about binding precedent in the Trial Section of the BPAI is that there is very little of it. www.oblon.com /media/index.php?id=233   (100 words)

Eastern Book Company - Practical Lawyer While the ratio consists of the very reasoning necessary to explain the holding on "the mateiial facts" found by the precedent judge, he suggests that the better way to approach the problem is to elucidate the ratio of a case from the facts themselves rather than from the principle enunciated by the Court. It is obvious that the Judge has in every case to decide for himself which of the circumstances of the alleged precedent were relevant to the decision and whether the circumstances of his own case are in their essentials similar. J.L. Montrose-"Language of and a Notation for, the Doctrine of Precedent": 2 Univ. www.ebc-india.com /lawyer/articles/87v4a5.htm   (7266 words)

Stare Decisis vs. Binding Precedent Precedent is binding if a higher court has made a decision or interpretation that a lower court must follow. This is binding precedent on any lower court and government agency. If one state makes a decision about its own state law or on federal laws, and uses another state's decision as authority, that is an example of neither binding precedent nor stare decisis. www.lawschooldiscussion.org /students/index.php?topic=2143.msg14647   (453 words)

A New Proposal to Permit Lawyers To Cite   (Site not responding. Last check: 2007-10-30) Thus, by the beginning of the twentieth century, all of the key parts of the system of American judicial precedent were in place: formal opinions spoke for the court as a whole; these opinions were usually available in official reports; and courts would routinely follow their prior rulings and those of higher courts. The latter generally are not treated as authoritative precedents, and in some circuits, cannot even be cited as the source of a good argument, what lawyers call “persuasive authority.” Moreover, it is up to the judges in each case to designate whether their decision will be deemed authoritative or not. The doctrine of precedent, the court said, was well-accepted at the time of the adoption of the Constitution, and so when Article III of that document conferred upon federal courts “the judicial power of the United States,” it constrained them to treat all of their decisions as valid precedents in future cases. www.judicialaccountability.org /newproposalunpublished.htm   (1964 words)

Lottery Post Forums: N.C. Lottery lawsuit dismissed It is a superior court, which is seated somewhere in the state, and the ruling is binding to the entire state, not just one jurisdiction. Precedent wouldn't exist without authority and non-binding precedent is a subset of persuasive authority just as mandatory precedent is a subset of mandatory authority. Courts are bound by rulings of their superiors but not their peers, which is why the NC ruling isn't binding throughout the state. www.lotterypost.com /news/130915.htm?p=3   (1187 words)

Joseph Lookofsky The term "precedent"-- as well as the concept of "case law," to which the term precedent is tied -- means different things to different jurists in different legal systems. By virtue of the Common law doctrine of precedent (stare decisis),[2] a given court within a given judicial hierarchy -- e.g., in Canada, England, India, Texas, etc. -- is formally bound by decisions previously rendered by higher courts within that jurisdiction. Distinguish: (a) formal bindingness not subject to overruling: (i) 'strictly binding' - must be applied in every case, (ii) defeasibly binding - must be applied in every case unless exceptions apply (exceptions may be well defined or not); (b) formal bindingness (with or without exceptions) that is subject to overruling or modification. cisgw3.law.pace.edu /cisg/biblio/lookofsky15.html   (4157 words)

Chapter Summary The original development of the common law was based on the doctrine of precedent. In such circumstances, a precedent is regarded as binding. Decisions of a superior court in a particular hierarchy, while not binding on a court in another hierarchy, have persuasive value and are known as persuasive precedents. wps.prenhall.com /au_be_gibson_bizlaw_1/0,7287,569068-,00.html   (796 words)

JudgeRoberts.com   (Site not responding. Last check: 2007-10-30) When precedent, coupled with faithful interpretation of the Constitution, is the measure by which appellate decisions are made, there can’t be very much latitude to apply personal preference. As a judge, then-nominee Roberts would be ethically bound to apply binding Supreme Court precedent whether he had a personal disagreement with it or not. And now as a sitting judge on the District of Columbia Circuit Court of Appeals, he still is bound to apply that precedent. judgeroberts.com /epresskit/read.shtml   (705 words)

Unpublished PTO Opinions Unpublished Board opinions, except as they may be the "law of the case", may not be binding precedent, since the opinions are often fact driven by the specific facts present in the appeal before the Board. An exception exists, of course, for those situations in which a party is asserting issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Board rendered in a nonprecedential (i.e., unpublished or digest) decision. Similarly controlling are decisions considered to be binding precedent by the Federal Circuit, i.e., decisions of the former Court of Claims and the former Court of Customs and Patent Appeals, as well as the former Customs Court. www.piercelaw.edu /tfield/unpub.htm   (5556 words)

Taking the Kozinski Challenge  Cyrus Sanai The Recorder 09 The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit. Allowing the more laconic unpublished decisions to be used as binding precedent will just confuse matters. The Ninth Circuit's en banc procedure is designed to rectify splits within the circuit; on a majority vote of the active judges, 11 judges are randomly selected and rehear the case anew in San Francisco, with authority power to pick one position or another. www.nonpublication.com /sanai.htm   (1411 words)

Senator in Samuel Alito Hearings Disproves "Super Precedent" on Abortion Wade decision as a "super precedent" that is now beyond the Supreme Court's ability to reverse because it has been upheld so many times. I believe Roe is precedent, but I don't believe it's super-duper-precedent, nor super-precedent. In other words, super-precedent is precedent that is so firmly entrenched in our legal system that people simply don't question it. www.lifenews.com /nat1975c.html   (774 words)

SSRN-Provisional Precedent: Protecting Flexibility in Administrative Policymaking by Kenneth Bamberger Under the rule of strict stare decisis, when a court construes a statute before an agency does, the judicial interpretation becomes binding precedent, even when Congress has delegated primary interpretive authority to the agency. This Article argues that the Supreme Court's adherence to this strict rule of precedent for the interpretations of administrative statutes undermines the separation-of-powers justifications for agency administration and jeopardizes effective policymaking. In response to the constitutional and normative disconnects caused by judges' enhanced ability to commandeer agency discretion, the Article proposes a model of provisional precedent as an alternative to strict stare decisis. papers.ssrn.com /sol3/papers.cfm?abstract_id=363120   (327 words)

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