• Precedent (redirect from Stare decisis)
    legal doctrine stating that courts should follow precedent is called stare decisis (a Latin phrase with the literal meaning "to stand by things decided")...
    100 KB (13,824 words) - 18:28, 28 April 2024
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    undemocratic judiciary in a democratic republic. On the subject of stare decisis, referring to Brown v. Board of Education, the decision overturning...
    142 KB (12,982 words) - 16:02, 31 July 2024
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    decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent...
    128 KB (17,052 words) - 14:08, 27 July 2024
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    on the doctrine of stare decisis. Dissenting in Casey, Rehnquist criticized the Court's "newly minted variation on stare decisis", and asserted "that...
    114 KB (12,458 words) - 18:44, 16 July 2024
  • right to abortion, the majority abandons stare decisis, a principle central to the rule of law. 'Stare decisis' means 'to stand by things decided.' .....
    56 KB (6,849 words) - 08:24, 28 January 2024
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    powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Brandeis wrote: Stare decisis is usually the wise policy,...
    134 KB (16,613 words) - 23:12, 28 June 2024
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    judicial circuit (vertical stare decisis) and, to a lesser degree, the issuing Court of Appeals (horizontal stare decisis)—published district court opinions...
    6 KB (533 words) - 21:26, 10 January 2024
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    to overrule precedent; according to Scalia, "he does not believe in stare decisis, period". By October 1, 2012, he had written 475 opinions, including...
    207 KB (20,980 words) - 04:08, 30 July 2024
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    focused on constitutional law, originalism, statutory interpretation, and stare decisis. Her academic work has been published in the Columbia, Cornell, Virginia...
    171 KB (14,106 words) - 17:52, 26 July 2024
  • judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a...
    12 KB (1,379 words) - 05:24, 21 May 2024
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    decision in Rodriguez v British Columbia (AG), instead holding that stare decisis is "not a straitjacket that condemns the law to stasis". The Court expanded...
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  • Court from applying Blakely to the Guidelines under the principles of stare decisis. First, United States v. Dunnigan, 507 U.S. 87 (1993), held that the...
    35 KB (4,639 words) - 20:58, 14 April 2024
  • part of the conservative majority, but he was a strong proponent of stare decisis, believing that even some wrongly decided cases should not be overturned...
    284 KB (26,629 words) - 21:54, 31 July 2024
  • tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by...
    14 KB (1,677 words) - 20:28, 24 June 2024
  • of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between...
    3 KB (253 words) - 21:19, 31 December 2023
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    were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and...
    68 KB (8,362 words) - 20:56, 10 June 2024
  • mention—the paean to stare decisis coauthored by three Members of today's majority in Planned Parenthood v. Casey. There, when stare decisis meant the preservation...
    64 KB (7,338 words) - 15:40, 30 July 2024
  • South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of...
    21 KB (2,386 words) - 09:55, 8 June 2024
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    decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions...
    87 KB (9,500 words) - 22:18, 28 July 2024
  • Thumbnail for Bwanya v Master of the High Court
    Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate...
    22 KB (2,584 words) - 19:59, 8 June 2024
  • opinion "to address the important principles of judicial restraint and stare decisis implicated in this case". Roberts explained why the Supreme Court must...
    78 KB (8,170 words) - 02:42, 19 July 2024
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    abolished. In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby the principles applied by the supreme court in its...
    53 KB (6,761 words) - 23:26, 5 June 2024
  • Skidmore v. Swift & Co. (1944). However, Roberts said, the principle of stare decisis does not apply to the Chevron deference in general as the court had...
    29 KB (3,000 words) - 20:59, 23 July 2024
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    official state reporters, it will be binding only upon the parties. Stare decisis does not apply, and any new rules articulated will not be applied in...
    62 KB (6,682 words) - 16:21, 25 July 2024
  • principle, thus departing from prior practice without violating the rule of stare decisis; Establishing a "test" (that is, a measurable standard that can be applied...
    25 KB (1,111 words) - 17:08, 10 June 2024
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    by Roman law, notably in their Latinate legal glossary (for example, stare decisis, culpa in contrahendo, pacta sunt servanda). Eastern Europe was also...
    38 KB (5,292 words) - 15:47, 20 July 2024
  • articulate two opposing views of the proper role of the doctrine of stare decisis in US law. The narrow issue in Kimble v. Marvel was whether the Court...
    25 KB (3,411 words) - 08:39, 4 May 2024
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    authorities outside of Israel. By the principle of binding precedent (stare decisis), Supreme Court rulings are binding upon every other court, except itself...
    29 KB (3,031 words) - 19:02, 21 July 2024
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    British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference...
    65 KB (2,715 words) - 03:59, 28 July 2024
  • their deference or dismissal of past precedent and the doctrine of stare decisis, it stresses the importance of understanding the factors involved in...
    25 KB (3,320 words) - 19:03, 23 May 2024