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Questions tagged [precedent]

Also known as "stare decisis:" the legal principle that any cases with the same facts should have the same judicial outcome.

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Binding precedents in Quebec and Louisiana?

I have often heard that the state of Louisiana and the province of Quebec have systems of civil law rather than common law, and that the major difference is that in the latter system there are binding ...
Michael Hardy's user avatar
2 votes
0 answers
138 views

Which countries guarantee right to anonymous communication? Have there been court cases validating the right?

I know many countries still have burner phones - i.e phones or SIM Cards which aren't tied to any identifiable person? Are there countries which guarantee right to anonymous communication? Are there ...
user93353's user avatar
0 votes
4 answers
260 views

How long do courts have to follow precedents?

It was recently in the news that the Eight Circuit Court of Appeals has decided that only the federal government can sue under Section 2 of the Voting Rights Act. However, this past June, the Supreme ...
interfect's user avatar
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2 votes
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What precedents specify the scales of compensation for false arrest, and how would one set about finding them?

According to an unreferenced law firm’s website, As a general guideline, you may be able to claim around £870 for the first hour of false imprisonment, which increases to around £5,210 for 24 hours. ...
TylerDurden's user avatar
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1 answer
131 views

Why isn’t the county court binding upon itself?

Numerous sources state that the starting point for all common law systems is the cornerstone principle of stare decisis, ie that courts are in similar fact patterns bound to follow previous decisions ...
TylerDurden's user avatar
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1 answer
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Are non-recorded court decisions still binding?

It seems that back in the day one relied on law reporters’ reports to be able to study and cite precedential decisions in future cases. A decision being featured in an edition of a law report enables ...
TylerDurden's user avatar
-3 votes
1 answer
81 views

Are high court rulings precedential?

What courts if any are bound by past rulings of the high court, whether civil or criminal?
TylerDurden's user avatar
4 votes
4 answers
263 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 ...
TylerDurden's user avatar
-2 votes
1 answer
51 views

When are county court decisions binding upon the “London region” of the county court?

And what unites or defines the “London region”?
TylerDurden's user avatar
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1 answer
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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 ...
TylerDurden's user avatar
-1 votes
1 answer
87 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: ...
Ray Butterworth's user avatar
1 vote
0 answers
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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-...
S. G.'s user avatar
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2 answers
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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 ...
Rozgonyi's user avatar
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1 answer
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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 ...
physio's user avatar
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14 votes
3 answers
3k 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 ...
TylerDurden's user avatar
3 votes
3 answers
275 views

Can a trial court create precedent?

It has been said that "trial courts do not create precedent." Can a trial court create precedent?
Jen's user avatar
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1 answer
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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 ...
TylerDurden's user avatar
0 votes
2 answers
146 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?
TylerDurden's user avatar
3 votes
1 answer
347 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 ...
TylerDurden's user avatar
10 votes
1 answer
667 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 ...
TylerDurden's user avatar
-2 votes
1 answer
73 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 ...
TylerDurden's user avatar
8 votes
1 answer
1k 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?
Jen's user avatar
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17 votes
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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 ...
TheEnvironmentalist's user avatar
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1 answer
441 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 ...
Jez's user avatar
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2 votes
1 answer
273 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 ...
T Hummus's user avatar
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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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
171 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 ...
JosephCorrectEnglishPronouns's user avatar
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....
JosephCorrectEnglishPronouns's user avatar
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. [...
ruakh's user avatar
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2 votes
3 answers
203 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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
2 answers
303 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 ...
David Siegel's user avatar
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2 answers
130 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)?
Geremia's user avatar
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1 vote
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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 ...
Ertai87's user avatar
  • 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 ...
Ryan_L's user avatar
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0 votes
2 answers
88 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.
kisspuska's user avatar
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4 votes
3 answers
317 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 ...
Greendrake's user avatar
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1 vote
1 answer
85 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 ...
Sid's user avatar
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5 votes
1 answer
407 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). ...
Ren Eh Daycart's user avatar
5 votes
1 answer
258 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 ...
sIMON's user avatar
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7 votes
3 answers
981 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 ...
Ishan Mata's user avatar
2 votes
3 answers
179 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 ...
phoog's user avatar
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0 votes
1 answer
75 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 ...
David's user avatar
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0 votes
1 answer
71 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 ...
AK88's user avatar
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2 votes
1 answer
122 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 ...
kevinkinal's user avatar
4 votes
1 answer
105 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 ...
feetwet's user avatar
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0 votes
3 answers
176 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?...
nonopolarity's user avatar
4 votes
1 answer
423 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: ...
Stig Hemmer's user avatar
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 ...
David's user avatar
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4 votes
5 answers
216 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 ...
BCS's user avatar
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1 vote
1 answer
78 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 ...
David's user avatar
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