Explore tens of thousands of sets crafted by our community.
Judicial Precedent Concepts
25
Flashcards
0/25
Obiter Dicta
Statements, observations or comments made by a judge that are not necessary to the decision. While persuasive, they are not binding precedent.
Ratio Decidendi
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.
Persuasive Precedent
A decision from another jurisdiction or a lower court that is not binding but can influence or guide a court in making its decision.
Binding Precedent
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.
Stare Decisis
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.
Overruling
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.
Superseding Factor
An event or circumstance that intervenes in a case and affects the outcome, thereby potentially changing the applicability of precedent.
Per Incuriam
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.
Narrow Holding
A legal decision with limited applicability that does not establish wide-reaching precedent, often used to limit the impact of the decision.
Broad Holding
A judicial decision that establishes a wide-reaching precedent, often applied to a broad range of cases.
Vertical Precedent
The obligation of lower courts to follow the decisions of higher courts within the same jurisdiction.
Judicial Activism
The concept where judges are more willing to depart from strict adherence to precedent in order to adapt to new societal needs or understandings.
Concurring Opinion
An additional written opinion by a judge agreeing with the decision of the majority but setting out different reasons for their decision.
Case of First Impression
A case with issues that have never been decided by that court before, which requires the court to establish new precedent.
Reverse
Occurs when a higher court changes the ruling of a lower court on appeal, resulting in a different legal outcome in the case.
Judicial Restraint
A principle whereby judges tend to adhere to precedent and defer to the judgment of legislatures, as opposed to engaging in judicial activism.
Majority Opinion
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.
Mandatory Precedent
Similar to binding precedent, it refers to existing legal rules that a court must follow when deciding a case with identical or similar issues.
Dissenting Opinion
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.
Doctrine of Precedent
The principle under which similar cases should be decided in accordance with consistent principled rules so that they will reach similar results.
Horizontal Precedent
The situation where courts of the same level, as a general rule, should follow their own previous decisions.
Remand
The act of sending a case back to the lower court from which it came, for further action as directed by the higher court.
Distinction
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.
Legal Principle
A foundational legal concept that guides the law and provides a framework for understanding specific legal rules.
Legal Realism
A view that judicial decisions are influenced by a variety of factors, including the judges' personal values and economic, sociological, and psychological factors.
© Hypatia.Tech. 2024 All rights reserved.