The legal doctrine of precedent is used when a court system decides a case based on a previous case with similar circumstances. Preceding cases should persuade current jurisprudence to act in a similar fashion, according to USLegal. Precedent allows for stability and predictability in legal systems, and it follows the norms and mores of the community in which the court serves.Continue Reading
Cornell University Law School calls the doctrine of precedent "stare decisis," or "to stand by things decided." American courts cite this Latin term when invoking precedents in cases pertaining to similar issues that have already been decided. In general, courts side with the preceding case law, but not always.
One prevalent example of American courts following precedent involves Roe v. Wade. In the 1992 case Planned Parenthood of Southeastern Pennsylvania v. Casey, the U.S. Supreme Court cited stare decisis dozens of times when it handed down decisions regarding five abortion laws in Pennsylvania on the books since 1982, according to Cornell University Law School.
Australian law cites examples of cases wherein high-level courts reversed previous decisions, even under similar circumstances. A controversial 2008 case, Imbree v. McNeilly, overturned a 1986 case regarding a learning driver's responsibility for a passenger's injury, according to associate law professor Matthew Harding from The University of Melbourne. Originally, Australian courts ruled that a learning driver is responsible for another person's injuries if the driver is negligent. In 2008, that decision was reversed.Learn more about Law
A case number may be used to check court appearance dates based on the court calendar or through a case access system supplied by some courts in the United States, according to the Superior Court of California in Santa Clara. Information about court appearances may vary from state to state.Full Answer >
The Marbury vs. Madison decision of 1803 set the precedent that the court could nullify an act of Congress if it was found to be inconsistent with the Constitution. This ruling formed the basis of judicial review and established the separation of the executive and judicial branches.Full Answer >
Also referred to as mandatory precedent, binding precedent is an existing law to which a court is expected to adhere. All inferior or lower courts are expected to follow the laws of a superior court in a particular jurisdiction.Full Answer >
To file a small claims case in Fulton County, download the magistrate court statement of claim form from the Fulton County magistrate court website. Include the name and contact details for each individual or business being sued, the damages sought and why, according to Avvo. As of 2015, the fees are $76.50 for one defendant and $25.00 for each additional defendant.Full Answer >