Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [precedent]

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

1
vote
1answer
37 views

Legal precedent vs. statutory law

Following the Roe v. Wade decision, abortion became legal in all fifty states. However, Congress never had to pass a law or constitutional amendment defending abortion rights. In what types of cases ...
1
vote
1answer
67 views

Does statute take precedence over case law (in the US)?

Hypothetical situation: An US court decides a case for which there is no statute nor previous court decision (precedent) which would provide how the case should be decided (resolved). So the court (...
1
vote
1answer
51 views

Ruling striking down the Affordable Care Act

What does Friday's ruling mean? I thought the Supreme Court already upheld the individual mandate and most aspects of the law.
0
votes
3answers
102 views

Legal precedent paradox

Suppose that five people (A, B, C, D, and E) are being tried for breaking some law. What B did is slightly worse than what A did, what C did is slightly worse than what B did, and so on... Suppose ...
4
votes
3answers
100 views

Is citing precedent official in the US court system?

Precedent from other similar cases is often cited in US court cases because the US follows stare decisis in keeping rulings consistent. However, is this based on how the courts tend to run ...
3
votes
1answer
128 views

Employee Handbook conflicts with State Law, Which Supersedes Which?

Under my State's (Colorado) law, C.R.S. § 8-4-101(14)(a)(III) states, Vacation pay earned in accordance with the terms of any agreement. If an employer provides paid vacation for an employee, the ...
1
vote
2answers
337 views

Have Supreme Court cases with multiple subsequent reaffirming decisions been overturned?

Suppose Supreme Court decision A is subsequently reaffirmed in decisions B and C. Have there ever been situations where the court later overturns A, despite B and C?
3
votes
1answer
102 views

Can a sitting president of the United States be indicted by one of the states?

Some lawyers say a sitting president cannot be indicted, other lawyers disagree. Apart from that, does what they are saying apply to both federal and state indictments? I mean could the president be ...
0
votes
1answer
75 views

Is there any constitutional precedent or laws against bills of “anti"-attainder?

In South Dakota an attorney for adults sexually abused as children by priests and nuns contended that the state legislature passed a statute of limitations (in approximately 2010) preventing lawsuits ...
1
vote
3answers
166 views

How do concepts like intent, discrimination, and bias apply to an Artificial Intelligence agent?

Background I work at a financial institution in the United States and have been researching the regulatory impacts of Artificial Intelligence recently - specifically the simple purpose-specific ...
3
votes
1answer
133 views

After US Supreme Court overturns precedent, are old cases revisited?

Hypothetical scenario: 1950: government uses method A to convict John Doe of crime B, SCOTUS upholds conviction 1990: government uses method A to convict Jake Smith of crime B 2000: government ...
1
vote
2answers
994 views

What is the significance of dissenting opinions in appellate court decisions?

Appellate courts often hear cases en banc and decide them by simple majority of the judges on the bench. The majority will typically sign a single "per curiam" decision, which constitutes the ...
2
votes
2answers
135 views

How could Korematsu be overturned?

The US Supreme Court Case Korematsu (1944) ruled that the internment of American citizens of Japanese ancestry was legal out of concern for national security. This case is now generally regarded as a ...
3
votes
2answers
608 views

Legal remedies if a lower court ignores stare decisis?

Let's say hypothetically that lower courts en masse decide to ignore Supreme Court decisions. What legal alternatives are available to citizens if lower courts "Go rogue" and decides to ignore a ...
1
vote
3answers
184 views

What happens to struck-down laws when the decision(s) that killed them are reversed?

If a law is struck-down as unconstitutional, but all the precedent used to find it unconstitutional gets reversed; what becomes of the law? Is it totally dead, needing be passed anew? Can the ...
0
votes
1answer
27 views

I can't read this cover of a precedent case

Embarrassing, I have a very simple question. I can't interprete this cover of a precedent case because I am an English learner. Please give me your help. In the middle of the image I attached below, ...
3
votes
2answers
387 views

Persuasive authority using other jurisdiction's opinions

I'm an English teacher who teaches legal English to foreign students using the UK legal system for context. I was checking the definition of 'Persuasive authority' using TransLegals' dictionary and ...
3
votes
1answer
620 views

In UK law how binding is judge precedent, and when can it be ignored?

Once a court has set precedent, can it ever be ignored? Is it legally binding, or just very persuasive advice? Are there any examples of a judge ignoring precedent without setting new precedent, or is ...
2
votes
1answer
64 views

Are decided legal cases reviewed when precedent cases are overturned?

When the outcome of a case is largely decided by a precedent case, what happens to the cases citing it?
3
votes
1answer
147 views

Timing of precedent setting: when exactly do precedents take “effect”?

When a high court rules on a matter, when does the precedent take effect? Say a case is in progress in a lower court which asks the same question as what was just decided on the same day in the high ...
14
votes
3answers
884 views

How can a court avoid creating precedent?

There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance. However, is there any way for a court (particularly a ...
9
votes
3answers
934 views

What is stare decisis?

I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it ...