The doctrine of precedent is one of the principles that underpin common law the latin name for the doctrine of precedent is stare decisis (‘stand by that decided’) it is a principle that requires judges to follow the rulings and determinations of judges in higher courts, where a case involves similar facts and issues.
Law a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases any act, decision, or case that serves as a guide or justification for subsequent situations.
Common-law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and delegated legislation, in uk parlance, or regulatory law, in us parlance (regulations promulgated by executive branch agencies. Reliance upon precedent also promotes the expectation that the law is just the idea that like cases should be treated alike is anchored in the assumption that one person is the legal equal of any other. Should set nationwide precedent6 whether congress validly could legislate that rule of stare decisis depends in large part on the extent of its power over precedent.
If a precedent is to be followed because it is a precedent, even when decided against an established rule of law, there can be no possible correction of abuses, because the fact of, their existence renders them above the law.
Precedent - a system of jurisprudence based on judicial precedents rather than statutory laws common law originated in the unwritten laws of england and was later applied in the united states case law , common law.
The law of judicial precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century it is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. If a precedent is to be followed because it is a precedent, even when decided against an established rule of law, there can be no possible correction of abuses because the fact of their existence renders them above the law.
Find helpful customer reviews and review ratings for law of judicial precedent at amazoncom read honest and unbiased product reviews from our users. Free essay: law of precedent one of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar.