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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Questions tagged [precedent]
93 questions
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What happens when the opinion of the Court misrepresents the facts of the case?
In Kennedy v. Bremerton School District (2022), the Court ruled 6–3 in favor of a high school football coach who had been leading players in prayer and was instructed by the school district to stop. [PDF]
Justice Sotomayor's dissent disputes some of…
ruakh
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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 found guilty. Many lay people were upset about the…
Kyle Berezin
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Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?
As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile trying to find precedent on what would happen were…
TheEnvironmentalist
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When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?
When a new SCOTUS ruling overturns an old one, what is the philosophical difference between the two rulings? It seems to me that there are two possible explanations; either the old ruling was a mistake and the new ruling should have been the answer…
Ryan_L
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How can a court avoid creating precedent?
There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance.
However, is there any way for a court (particularly a superior court) to avoid creating a binding precedent,…
jimsug
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Can a previously binding precedent be overturned based on its rationale being outdated?
Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general social conditions like an observation of what is…
TylerDurden
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How was the court in Abingdon RDC v O'Gorman (1968 EWCA Civ) aware of Thornton v Cruther & ors (1769)?
At s23, the court cites Chief Justice Wilmot's decision in the 1769 case Thornton v Cruther & others, which it mentions is "unreported."
So how did the court become familiar with the case, much less the content of its reasoning?
TylerDurden
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What is stare decisis?
I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it applied, and why are court reluctant to go against the…
Chad
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Are judges obliged to obey precedent?
Say that judge Fern was the First to encounter a certain case where Law L could be considered relevant. Fern is more of a judicial activist and believes in an expansive interpretation of the law, so interprets L in a way that's borderline creating…
chausies
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In the United States, must state courts follow rulings by federal courts of appeals?
In the United States, must state courts follow rulings by federal courts of appeals?
Jen
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Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?
My question concerns the principle that constitutional courts should not decide what is not strictly necessary for deciding the case at hand. What happens if, say the Supreme Court, made well reasoned and detailed (but unduly far-reaching)…
Ishan Mata
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After US Supreme Court overturns precedent, are old cases revisited?
Hypothetical scenario:
1950: government uses method A to convict John Doe of crime B, SCOTUS upholds conviction
1990: government uses method A to convict Jake Smith of crime B
2000: government uses method A to convict Jane Roe of crime B,…
jdude987
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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 explains how it arrives at a particular conclusion…
lgshost
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During your trial, the Supreme Court of the US agrees to hear an appeal of a relevant precedent case. What is the law that you are presumed to know?
Imagine a court case in progress in the USA, specifically a case at the first level of the courts (i.e. it is a district court case and the court is a trial court, not any kind of appeal court). During the trial, the judge, plaintiff and defendant…
user27928
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Does the XR vs. Shell case create precedent for environmental activism being necessary?
Six Extinction Rebellion activists were charged with criminal damage to the Shell HQ building in London’s Waterloo in April 2019. All admitted the actions, and five of the six relied on the defense that their actions were necessary, in that their…
sIMON
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