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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How often have unanimous decisions been overturned?
With the recent Loper Bright Enterprises v. Raimondo and Relentless,Inc. v. Department of Commerce decision overturning of the unanimous 1984 decision in Chevron v. Natural Resources Defense Council, ...
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Can you cite parts of a case if the core issues in the case were later overruled?
There is a discussion in a decision I am looking at, that supports one of my arguments in my own case. In the decision, the court discusses one of the issues before it, let's call it Issue S, and ...
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Falsifying Business Records; Why is Jury Unanimity Not Required
Let me preface, this is not a political post, and please refrain from discussing political beliefs in the answers.
In the recent case about falsifying business records, former president Trump was ...
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When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?
Or are future legal precedents only set when you go to a bench trial or a jury trial?
This question applies to both criminal and civil cases - not sure if there is a difference...
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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 ...
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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 ...
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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 ...
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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.
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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 ...
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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 ...
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Are high court rulings precedential?
What courts if any are bound by past rulings of the high court, whether civil or criminal?
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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 ...
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When are county court decisions binding upon the “London region” of the county court?
And what unites or defines the “London region”?
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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 ...
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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:
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