Legal Concepts and Precedent

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Questions and Answers

What is a precedent?

  • A geographic area where courts apply the law
  • A decision that furnishes an example or authority for deciding subsequent cases (correct)
  • A common law doctrine
  • A publication of court cases

What does stare decisis mean?

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

What are reporters in the context of law?

Publications in which court cases are published.

What does jurisdiction refer to?

<p>A geographic area in which a court or courts have the power to apply the law.</p>
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What are the two aspects of stare decisis?

<p>Decisions made by a higher court are binding on lower courts. (A), A court should not overturn its own precedents without compelling reasons. (B)</p>
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What is binding authority?

<p>Any source of law that a court must follow when deciding a case.</p>
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What are persuasive authorities?

<p>Any legal authority or source of law that a court may look to for guidance but need not follow.</p>
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What is public policy in relation to law?

<p>A government policy based on widely held societal values, usually expressed or implied in laws or regulations.</p>
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What is legal reasoning?

<p>The process by which judges harmonize their decisions with prior judgments.</p>
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Flashcards

What is a precedent?

A decision that furnishes an example or authority for deciding subsequent cases involving similar facts or issues.

What does 'stare decisis' mean?

A common law doctrine where judges must follow precedents established in prior court decisions.

What are 'reporters' in law?

Publications where court cases and legal opinions are officially published and documented.

What does 'jurisdiction' refer to?

The geographic area within which a court has the power to apply the law and hear cases.

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Two aspects of 'stare decisis'?

Higher court decisions bind lower courts; similar cases should be decided similarly.

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What is 'binding authority'?

Any source of law that a court must follow when deciding a case, like statutes or binding precedent.

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What are 'persuasive authorities'?

Legal authority or source of law that a court may use for guidance but doesn't have to follow.

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What is 'public policy' in law?

A government policy based on widely held social values, usually in laws or regulations.

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What is 'legal reasoning'?

The process judges use to harmonize their decisions with prior judgments, ensuring consistency.

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Study Notes

Key Terms and Definitions

  • Precedent: A judicial decision that serves as an example or authority for future cases with similar legal issues or facts.
  • Stare Decisis: A common law principle mandating that judges must adhere to established precedents when making rulings in similar cases.
  • Reporters: Publications that document and provide access to court cases and decisions for public record.
  • Jurisdiction: A defined geographic area where a court possesses the authority to enforce laws and administer justice.

Principles of Stare Decisis

  • Courts should maintain the integrity of legal precedent and not overturn their own previous decisions without compelling justification.
  • Lower courts are required to follow the rulings set forth by higher courts, ensuring a consistent application of the law.
  • Binding Authority: Sources of law that courts are mandated to follow during case deliberations; includes statutes and higher court decisions.
  • Persuasive Authorities: Legal precedents from other jurisdictions that courts may consider for guidance but aren't obligated to follow in their decisions.

Societal Context

  • Public Policy: Laws and regulations that reflect widely accepted societal values; these policies often inform legal decisions and frameworks.
  • Legal Reasoning: The method by which judges unify their decisions with established case law, ensuring continuity and predictability in legal interpretations.

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