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Judicial Precedent Concepts

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Obiter Dicta

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Statements, observations or comments made by a judge that are not necessary to the decision. While persuasive, they are not binding precedent.

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Ratio Decidendi

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The 'reason for the decision'; the binding part of a court's decision that must be followed by lower courts. Guides future judgments on similar issues or facts.

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Persuasive Precedent

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A decision from another jurisdiction or a lower court that is not binding but can influence or guide a court in making its decision.

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Binding Precedent

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A previous decision by a higher court that must be followed by a lower court in the same jurisdiction when deciding subsequent cases with similar facts.

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Stare Decisis

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A Latin term meaning 'let the decision stand'; the principle that precedent decisions are to be followed by the courts. Used to establish consistency and predictability in the legal system.

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Overruling

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When a higher court in the hierarchy decides that a legal rule in a previous decision from a lower court is incorrect, and sets a new precedent.

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Superseding Factor

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An event or circumstance that intervenes in a case and affects the outcome, thereby potentially changing the applicability of precedent.

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Per Incuriam

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A decision made by a court that is 'through lack of care'; generally refers to a judgment passed without reference to a significant legal precedent or statutory provision.

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Narrow Holding

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A legal decision with limited applicability that does not establish wide-reaching precedent, often used to limit the impact of the decision.

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Broad Holding

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A judicial decision that establishes a wide-reaching precedent, often applied to a broad range of cases.

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Vertical Precedent

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The obligation of lower courts to follow the decisions of higher courts within the same jurisdiction.

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Judicial Activism

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The concept where judges are more willing to depart from strict adherence to precedent in order to adapt to new societal needs or understandings.

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Concurring Opinion

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An additional written opinion by a judge agreeing with the decision of the majority but setting out different reasons for their decision.

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Case of First Impression

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A case with issues that have never been decided by that court before, which requires the court to establish new precedent.

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Reverse

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Occurs when a higher court changes the ruling of a lower court on appeal, resulting in a different legal outcome in the case.

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Judicial Restraint

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A principle whereby judges tend to adhere to precedent and defer to the judgment of legislatures, as opposed to engaging in judicial activism.

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Majority Opinion

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The judicial opinion agreed to by more than half of the members of a court; sets forth the decision of the court and an explanation of the rationale behind the court’s decision.

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Mandatory Precedent

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Similar to binding precedent, it refers to existing legal rules that a court must follow when deciding a case with identical or similar issues.

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Dissenting Opinion

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A separate opinion in which a judge disagrees with the conclusion reached by the majority of the court, offering a different reasoning or legal basis.

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Doctrine of Precedent

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The principle under which similar cases should be decided in accordance with consistent principled rules so that they will reach similar results.

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Horizontal Precedent

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The situation where courts of the same level, as a general rule, should follow their own previous decisions.

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Remand

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The act of sending a case back to the lower court from which it came, for further action as directed by the higher court.

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Distinction

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When a court decides the material facts of a case are sufficiently different from a precedent case, thereby not requiring the court to follow the precedent.

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Legal Principle

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A foundational legal concept that guides the law and provides a framework for understanding specific legal rules.

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Legal Realism

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A view that judicial decisions are influenced by a variety of factors, including the judges' personal values and economic, sociological, and psychological factors.

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