Questions tagged [precedent]
Also known as "stare decisis:" the legal principle that any cases with the same facts should have the same judicial outcome.
75
questions
3
votes
3
answers
136
views
Can courts be expected to proactively research and have regard to relevant case precedents?
It seems that often statutes are binding on courts even if neither party is aware of our calls the court’s attention to them. They will proactively introduce the relevant provisions into the equation ...
- 7,104
-2
votes
1
answer
43
views
When are county court decisions binding upon the “London region” of the county court?
And what unites or defines the “London region”?
- 7,104
0
votes
1
answer
71
views
When and where are decisions by the various tiers of the county court binding?
Apparently there is only one county “court,” in that the county court throughout all of England if not also Wales is really just one big court that sits in various different locations throughout the ...
- 7,104
-1
votes
1
answer
75
views
Is there a precedent for the legal definition of "someone"?
It seems strange that there would not be any previous legal cases that explicitly define the legal term "someone" as referring only to a "person".
Yet this was filed on 2023-08-30:
...
- 546
1
vote
0
answers
45
views
Defense of Others: Using Force Against a Third Party Who Impedes Life-Saving Measures
Can "defense of others" be invoked as a legal defense when a third party prohibits access to life-saving measures for a person? Assume person A's life is in imminent danger. Person B's life-...
- 11
-1
votes
2
answers
74
views
Can precedents established in Native American law be used as a foundation in US law precedent?
As I understand it, interpretation of laws in the US is largely based on precedents established not only in US law but also going back to cases in England prior to US independence. This is because the ...
- 111
0
votes
1
answer
81
views
Is this is an appropriate way of distinguishing cases?
I was researching how lawyers, courts distinguish cases and I came across this article: https://plato.stanford.edu/entries/legal-reas-prec/index.html#PreLayDowRul. It says that cases can be ...
- 1
14
votes
3
answers
2k
views
Can a previously binding precedent be overturned based on its rationale being outdated?
Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general ...
- 7,104
3
votes
2
answers
112
views
Can a trial court create precedent?
It has been said that "trial courts do not create precedent." Can a trial court create precedent?
- 36.3k
-1
votes
1
answer
68
views
What connections do different locations of county court in Greater London area have with one another? [duplicate]
Do county courts throughout the London area share any closer of a connection than do a county court in Bristol and one in York?
And how do they all bind each other?
It has been said in past answers ...
- 7,104
0
votes
2
answers
120
views
Does a county court circuit judge’s decision in Birmingham bind a district judge in London?
They are more senior but in a different region of the English “county court.”
So how does this work?
- 7,104
3
votes
1
answer
132
views
what courts are bound by the decisions of the privy council?
Which levels of other courts are its decisions binding or not binding on, if English courts don’t actually appeal to it?
To rephrase the question for greater clarity: Essentially, of courts that don’t ...
- 7,104
9
votes
1
answer
652
views
How was the court in Abingdon RDC v O'Gorman (1968 EWCA Civ) aware of Thornton v Cruther & ors (1769)?
At s23, the court cites Chief Justice Wilmot's decision in the 1769 case Thornton v Cruther & others, which it mentions is "unreported."
So how did the court become familiar with the ...
- 7,104
-2
votes
1
answer
48
views
Is a precedent of the Upper Tribunal binding on a county court?
It is said to have the equivalent status of the High Court, so that would suggest yes. And yet, it is not a proper court, so to speak, so what is the status of its decisions on lower courts that are ...
- 7,104
7
votes
1
answer
645
views
In the United States, must state courts follow rulings by federal courts of appeals?
In the United States, must state courts follow rulings by federal courts of appeals?
- 36.3k
17
votes
2
answers
4k
views
Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?
As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile ...
- 2,137
0
votes
1
answer
262
views
Serving legal documents by recorded delivery - different name signed on receipt?
I've sent a response to a demand for payment of debt by recorded delivery. The Royal Mail tracker indicates that the letter was delivered and signed for, although the name given and the signature are ...
- 1,117
2
votes
1
answer
211
views
Practically, what prevents judges from ignoring precedent?
This question/answer suggests that the United States' adherence to the common law system is traditional and not mandated by the constitution or federal statute. This makes me wonder what exactly keeps ...
- 610
0
votes
1
answer
89
views
What is a slip opinion?
Another answer mentions slip opinions being not yet bound into a volume. Who is it that does this binding, which seems to canonise certain decisions in a certain sense, if only by making them more ...
1
vote
1
answer
157
views
What are common law cases "lost in the mists of time"?
A respected user writes in another answer:
Long-standing precedents whose origins are lost in the mists of time
What are these long standing precedents, how are they known, and how can they be ...
2
votes
0
answers
29
views
What is intermediate between a particular case citation and time immemorial?
What is intermediate between a particular case citation and time immemorial?
Often, common law precedents are cited by the cases that established them replete with the exact year of the precedent case....
25
votes
6
answers
6k
views
What happens when the opinion of the Court misrepresents the facts of the case?
In Kennedy v. Bremerton School District (2022), the Court ruled 6–3 in favor of a high school football coach who had been leading players in prayer and was instructed by the school district to stop. [...
- 383
2
votes
3
answers
167
views
What is the justification for supreme courts being able to overrule/overturn their own past decisions?
It can’t overturn the constitution in most countries for example which gives the past apparent supremacy over the present. But between different eras of Supreme courts I guess the present takes ...
1
vote
2
answers
223
views
Are US appeals court decisions binding on nonparties to a case?
To what extent do the decisions of appellate courts in the US (both Federal and State), and particularly decisions of the US Supreme Court, bind those who were not parties to the case? And to what ...
- 112k
0
votes
2
answers
100
views
How does Dobbs v. Jackson Women's Health compare to previous decisions which reaffirmed Roe v. Wade? [closed]
How does Dobbs v. Jackson Women's Health compare to previous cases which reaffirmed Roe v. Wade—e.g., Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992)?
- 862
1
vote
3
answers
160
views
How much does civilian-jury cases impact legal precedent?
Apropos of the Kyle Rittenhouse case:
In the Rittenhouse case, one of the arguments made by the prosecution (I don't know if it was a "main" argument as I only watched snippets of the ...
- 249
17
votes
2
answers
4k
views
When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?
When a new SCOTUS ruling overturns an old one, what is the philosophical difference between the two rulings? It seems to me that there are two possible explanations; either the old ruling was a ...
- 3,502
0
votes
2
answers
81
views
Are there federal or international law equivalents of the Maxims of Jurisprudence of the California Civil Code?
Specifically, does Civ. Code § 3517 "No one can take advantage of his own wrong" have such an equivalent?
Any others are welcome or anything similar.
- 3,875
4
votes
3
answers
271
views
Isn't the rule of precedent inherently flawed in the adversarial system?
In the adversarial system, who wins in a court proceeding basically depends on how the parties present and argue their cases. That is, the same facts and evidence could yield diametrically opposite ...
- 24.4k
1
vote
1
answer
82
views
When courts set a new precedent, are the negatively impacted parties given any leniency?
Suppose the courts set a precedent by interpreting ambiguous law in a way that negatively affects one of the parties of a case. When deciding on remedies, damages, or a criminal sentence, will courts ...
- 113
5
votes
1
answer
365
views
During your trial, the Supreme Court of the US agrees to hear an appeal of a relevant precedent case. What is the law that you are presumed to know?
Imagine a court case in progress in the USA, specifically a case at the first level of the courts (i.e. it is a district court case and the court is a trial court, not any kind of appeal court). ...
- 175
5
votes
1
answer
253
views
Does the XR vs. Shell case create precedent for environmental activism being necessary?
Six Extinction Rebellion activists were charged with criminal damage to the Shell HQ building in London’s Waterloo in April 2019. All admitted the actions, and five of the six relied on the defense ...
- 199
7
votes
3
answers
976
views
Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?
My question concerns the principle that constitutional courts should not decide what is not strictly necessary for deciding the case at hand. What happens if, say the Supreme Court, made well reasoned ...
- 81
2
votes
2
answers
155
views
Technical basis for the binding nature of precedent or stare decisis
I understand that US district courts are generally required to follow precedent set by the appeals court directly superior to the district court, while opinions of other appeals courts may be ...
- 33.6k
0
votes
1
answer
68
views
Circuit court misquotes supreme court: what precedent does district court follow?
In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent ...
- 237
0
votes
1
answer
67
views
How/where to find precedent civil cases (Canada)?
I am interested in learning about some civil cases that happened in the past. What are the resources that one could use to find thematic breakdown of such cases? For example, where would I be able to ...
- 153
2
votes
1
answer
109
views
Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?
When a court sets a precedent, it is effectively creating a law (case law). This means that the law (or a newly clear interpretation that can only now be relied on) did not exist prior to the courts ...
- 21
4
votes
1
answer
99
views
How are affirmative defenses of duress and necessity treated in U.S. law?
Duress and Necessity are two common law "affirmative defenses" that can be argued for acquittal of a criminal charge.
However I can't find clear law or precedent for either in the United ...
- 21.5k
0
votes
3
answers
167
views
How is it that Law may work by "legal precedent" but then it also "goes with the current culture and ethics"?
Since Legal Precedent is important or crucial, but at the same time the current culture or ethics also can play an important role, then how do they work together -- won't they conflict with each other?...
- 101
4
votes
1
answer
349
views
Has anybody else taken legal action against California's "only 26 letters in names" rule?
This is inspired by another question:
Is Elon Musk's child name valid in California?
The accepted answer quotes the a handbook from California Department of Public Health, Vital Records, p. 112:
...
- 223
0
votes
0
answers
22
views
Binding precedent based on reasoning or conclusion
Suppose a circuit panel publishes the following decision:
Statute A applies to individuals in situation B, because X implies Y.
Are the trial judges within this circuit bound to the statement that ...
- 237
4
votes
5
answers
211
views
Trying to get sued?
Are there any situations in which some party would seek to be sued?
The thought came up while I was looking at some law related to copyright and public domain where it was noted that some parts were ...
- 473
1
vote
1
answer
71
views
Does a U.S. District judge's decision set binding horizontal precedent in the same district?
Suppose a U.S. district judge in, say, the Southern district of New York writes a decision regarding some legal procedure. Can a different U.S. district judge in the same district write a ...
- 237
2
votes
1
answer
200
views
Can "positive news coverage" be considered a "thing of value" in a bribery case? Has it ever been prosecuted in the US before?
Israeli Prime Minister Benjamin Netanyahu is facing several corruption charges. It's a complex, multi-faceted case, but at the heart of the indictment, is a bribery charge involving "positive news ...
- 538
1
vote
2
answers
112
views
Is there a precedent for a lawsuit against someone for making a decision that goes against public health?
So I live in a city that has these organizers who are newspaper owners that are about to go forward with a huge event that brings people from all over despite the fact that I just saw the coronavirus ...
- 309
2
votes
2
answers
196
views
Is there any legal recourse for a resident who believes their city is committing financial nonfeasance?
My city has entered into an agreement to provide fire service to a neighboring city of 1000 people for $10,000 yearly. This rate is less than 1/20th what my city pays.
I've made efforts to convince ...
- 165
1
vote
2
answers
298
views
Are open letters protected by freedom of speech? Any court precedents?
I would like to know if there is legal precedent protecting the freedom of speech in distributing an open letter or something similar.
A friend owns a unit in a condominium, and since day one she has ...
- 411
1
vote
4
answers
293
views
Doesn't the use of precedent constitute a bandwagon fallacy?
I see widespread use of precedent in courts across the world.
In essence, to me this appears as follows:
"Just because some other people responded to x with y, then any time we see something ...
- 305
4
votes
4
answers
149
views
Are legal precedents or tests ever created outside of a traditional trial?
Layperson question ahead.
My understanding is that laws as passed by federal, state, and local bodies are often open to interpretation. When a question arises during a trial, a judge's logic and ...
- 468
2
votes
1
answer
91
views
What is the functional effect of overturning precedent?
Background
On occasion, the Supreme Court overturns precedents in part or in whole. This means that a previous ruling (or part of a ruling) from the supreme court that once had stare decesis no ...
- 1,531