Globalize date December 2010 In common law Legal systems of the world legal systems , a precedent or authority ... precedent as a rule of law established for the first time by a court for a particular type of case and thereafter ... . ref Type of precedent Binding precedent main Binding precedentPrecedent that must be applied or followed is known as blinding precedent alternately metaphorically precedent , mandatory or binding ... binding precedent for that court . One law professor has described mandatory precedent as follows Given a determination as to the governing jurisdiction, a court is bound to follow a precedent of that jurisdiction ... the question resolved in the precedent case is the same as the question to be resolved in the pending case, 2 resolution of that question was necessary to the disposition of the precedent case 3 the significant facts of the precedent case are also present in the pending case, and 4 no additional ... court may overturn or overrule mandatory precedent, but will often attempt to distinguish the precedent before overturning it, thereby limiting the scope of the precedent. Under the U.S. legal ... way to suits for slander, then every court is bound by that precedent in its interpretation ... court precedent on what the First Amendment should mean, the lower court judge must rule according to the binding precedent. Until the higher court changes the rule or, in the case of a federal statute, Congress changes the law , the binding precedent is authoritative on the meaning of the law ... faculty.law.lsu.edu toddbruno mandatory v persuasive.htm ref Lower courts are bound by precedent that is, prior ... how they want, so long as there is no binding Supreme Court precedent. One of the common reasons ... the circuit courts as to the meaning of a federal law. Persuasive precedent main Persuasive precedentPrecedent that is not mandatory but which is useful or relevant is known as persuasive precedent or persuasive authority or advisory precedent . Persuasive precedent includes cases decided by lower ... more details
Condition precedent refers to an event or state of affairs that is required before something else will occur. In contract law a condition precedent is an event which must occur, unless its non occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty arises. ref Restatement Second of Contracts 224 ref For instance, in the sentence Jack will only go to heaven after he has died, the death of Jack is a condition precedent to Jack going to heaven although it is also possible in this example for the occurrence of other conditions precedent to be needed before Jack goes to heaven it is not stated that Jack will necessarily go to heaven if he dies . In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty. Cases Poussard v Spiers and Pond 1876 1 QBD 410 See also Condition subsequent Notes reflist DEFAULTSORT Condition Precedent Category Contract law Category Property law law term stub ... more details
Unreferenced date December 2007 In law , a binding precedent also mandatory precedent or binding authority is a precedent which must be followed by all lower court s under common law Legal systems of the world legal systems . In English law it is usually created by the decision of a higher court, such as the Supreme Court of the United Kingdom , which took over the judicial functions of the House of Lords in 2009. In Civil law legal system Civil law and legal pluralism pluralist systems, as under Scots law , precedent is not binding but case law is taken into account by the courts. Binding precedent relies on the legal principle of stare decisis . Stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law. Existing binding precedents from past cases are applied in principle to new situations by analogy. There are three elements needed for a precedent to work. Firstly, the hierarchy of the courts needs to be accepted, and an efficient system of law reporting. A balance must be struck between the need on one side for the legal certainty resulting from the binding effect of previous decisions, and on the other side the avoidance of undue restriction on the proper development of the law . Fact date November 2008 Binding precedent in English law Judges are bound by the law of binding precedents in England and Wales and other common law jurisdictions. This is a distinctive feature of the English legal system. In Scotland and many countries throughout the world, particularly in mainland Europe, civil law means that judges take case law into account in a similar way, but are not obliged to do so and are required to consider the precedent ... case. Two facts are crucial to determining whether a precedent is binding The position in the court hierarchy of the court which decided the precedent, relative to the position in the court trying ... precedent. The advantages include certainty, consistency, preciseness, and time saving. The disadvantages ... more details
In law, a commanding precedent is a precedent whose facts are on all fours with the case at hand. In other words, it almost exactly tracks it, sharing near identical facts and issues. ref citation title Precedent What it is and What it Isn t When Do We Kiss it and When Do We Kill it? author Ruggero J. Aldisert publisher Pepperdine Law Review volume 17 number 605 date 1990 url http papers.ssrn.com sol3 papers.cfm?abstract id 1410783 ref A commanding precedent is also referred to as a Goose case in Louisiana ref cite court litigants United States v. Gaber vol 745 reporter F.2d opinion 952 court 5th Cir. date 1984 ref Spotted Horse or Spotted Dog cases in Alabama ref cite court litigants Hand v. International Chemical Workers Union vol 681 reporter F.2d opinion 1308 court 11th Cir. date 1982 ref Cow case in Kansas ref cite court litigants Somers v. Harris Trust & Savings Bank vol 566 reporter P.2d opinion 775 court Kan.Ct.App. date 1977 ref and White Horse or White Pony cases in Texas . ref cite court litigants Wood v. Texas vol 632 reporter S.W.2d opinion 734 court Tex.Crim.App. date 1982 ref A legal rule can be clearly established without commanding precedent existing. For example, in the United States, a governmental official is generally protected by qualified immunity if his acts were objectively legally reasonable, but such protection may not apply if, in light of pre existing law, the unlawfulness of his conduct would have been apparent to a reasonably competent official, even if no commanding precedent applicable to his specific behavior existed. ref cite court litigants Morris v. Dearborne date July 16, 1999 url http openjurist.org 181 f3d 657 jim morris gloria morris v charlotte hawkins dearborne et al vol 181 reporter F3d opinion 657 court 5th Cir. ref References reflist Category Law ... more details
Unreferenced date December 2006 Cleanup date June 2007 Persuasive precedent also persuasive authority is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law Legal systems of the world legal systems such as English law . However, persuasive authority may guide the judge in making the decision in the instant case. Persuasive precedent may come from a number of sources such as lower courts, horizontal courts, foreign courts, statements made in dicta , treatises or law reviews . In Civil law legal system Civil law and legal pluralism pluralist systems, as under Scots law , precedent is not binding but case law is taken into account by the courts. Types of persuasive authority Lower Courts A lower court s opinion may be considered as persuasive authority if the judge believes they have applied the correct legal principle and reasoning. Higher Courts in other Circuits A court may consider the ruling of a higher court that is not binding. For example, a United States District Court district court in the United States First Circuit could consider a ruling made by the United States Court of Appeals for the Ninth Circuit as persuasive authority. Horizontal Courts Courts may consider rulings made in other courts that are of equivalent authority in the legal system. For example, an appellate court for one district could consider a ruling issued by an appeals court in another district. Statements made in obiter dicta Courts may consider obiter dicta in opinions of higher courts. Dicta of a higher court, though not binding, will often be persuasive to lower courts. The obiter dicta is usually, as its translation other things said , but due to the high number of judges and several personal decisions, it is often hard to distinguish from the ratio decidendi reason for the decision . For this reason, the obiter ... law and reaffirming American independence. DEFAULTSORT Persuasive Precedent Category Case law Category ... more details
Unreferenced stub auto yes date December 2009 Orphan date February 2009 Argument from precedent is a common fallacy in discussion, for example on committees or in meetings. It consists in saying that to act correctly in circumstances X would be inadvisable, in case others consider that this would set a precedent for acting in circumstances Y , where it is argued X and Y are superficially similar but on close examination are radically different. The Microcosmographia Academica , published in 1908, cited this as one of the reasons why nothing should ever be done for the first time . The fallacy is similar to the slippery slope argument . DEFAULTSORT Argument From Setting A Precedent Category Logical fallacies Philo stub ... more details
Kosovo s independence has set a precedent that could apply to other separatist movements or is a special ...?id 10128 title The Kosovo Precedent publisher Prospect Magazine date April 2008 accessdate ... 04 09 ref Arguments Kosovo does not establish a precedent Some leaders argue that the Kosovo situation is unique and does not establish a precedent though this is seen by many to be an unrealistic and fallacious ... e B politics 28.html?id issue 11972248 title Kosovo autonomy is no precedent for other ... Bot retrieved archive archivedate 2008 03 14 ref Kosovo establishes a useful precedent Some argue that Kosovo establishes a valuable precedent for other people who wish to secede. Daniel Turp , a member ... cite web url http www.brusselsjournal.com node 3039 title The Kosovo Precedent publisher The Brussels ..., the Kosovo precedent is an important ... factor. ref cite web url http en.rian.ru world 20071227 94383187.html ... 2007 12 27 accessdate 2009 04 07 ref Kosovo establishes a dangerous precedent A number of political leaders have voiced their belief that the independence of Kosovo will create a dangerous precedent ... ... would set a dangerous precedent against the national claim to recover sovereignty over ... precedent in the conduct of international relations, the established global order of sovereign ... all, a precedent. We ve opened a Pandora s Box in Europe that could have disastrous consequences ... presidents Kosovo sets precedent , b92 , March 11, 2008 ref The Indian Ambassador to Serbia Ajay Swarup Kosovo can set a very dangerous precedent for similar cases around the world . ref cite web ... precedent to be followed by separatists in other regions. ref cite web url http news.trend.az ... Saidov This precedent may result in other peoples also demanding territorial independence. ref cite ... s Ambassador to the United Nations Le Luong Minh By creating a dangerous precedent, this development ... resolution on Kosovo will set a precedent in international practice. Analysts take this as meaning ... more details
Infobox Locomotive powertype Steam name LNWR Improved Precedent Class image LNWR Jumbo class locomotive 790 Hardwicke Howden, Boys Book of Locomotives, 1907 .jpg caption LNWR No. 790 Hardwicke photographed in 1907. designer F.W. Webb builder Crewe Works builddate 1887 1901 totalproduction 166 whytetype 2 4 0 gauge RailGauge ussg leadingdiameter driverdiameter convert 6 ft 9 in m 3 abbr on length locoweight convert 35.60 LT fueltype Coal fuelcap watercap cylindercount Two, inside cylindersize convert 17 x 24 in mm 0 abbr on valvegear Allan valve gear Allan firearea boilerpressure convert 150 psi MPa 2 abbr on tractiveeffort convert 10918 lbf kN 1 abbr on railroad London and North Western Railway LNWR London, Midland and Scottish Railway LMS powerclass 1P numinclass 1 January 1923 80 withdrawndate 1908 1934 disposition One preserved, remainder scrapped The London and North Western Railway LNWR Improved Precedent Class or Jumbo Class is a class of 2 4 0 steam locomotive originally designed for express passenger work. They were designed by F.W. Webb . 166 were built in batches Crewe Works 1887 1897 with two further additions in 1898 and 1901 respectively. They were officially rebuilds of 96 LNWR Newton Class Newton Class and 80 LNWR Precedent Class Precedent Class , though in reality they were paper rebuilds. On rebuilding or renewal , they kept the numbers and names of their predecessors, and as a result the numbering system continued to be completely haphazard. On 22 August 1895, 790 Hardwicke took 2 hours and 6 minutes for the 141 mile run from Crewe to Stnlnk Carlisle , with an average speed of 67.1 mph, setting up a new speed record during the Race to the North . Withdrawals started in December 1905. The London, Midland and Scottish Railway LMS acquired 80 upon the grouping ... dts 1894 8 5049 dts 1928 9 2175 Precedent dts 1894 11 dts 1915 4 860 Merrie Carlisle dts 1894 ... and North Western Railway locomotives Precedent, improved Category 2 4 0 locomotives Category Railway ... more details
Pethick may refer to Emmeline Pethick Lawrence 1867&ndash 1954 , a British women s rights activist Frederick Pethick Lawrence, 1st Baron Pethick Lawrence , PC 1871&ndash 1961 , a British Labour politician Robbie Pethick born 1970 , a retired English football defender Egloskerry Legal precedent Egloskerry , Cornwall where a legal precedent was set by the local Pethick family surname ... more details
Chryses is a name that may refer to one of the following figures in Greek mythology Chryses , Trojan priest and father of Chryseis Chryses, grandson of the precedent through Chryseis and Agamemnon Chryses, son of Poseidon and Chrysogeneia, possible father of Minyas mythology Chryses, one of the four sons of Minos and Pareia disambig Category Disambiguation pages ... more details
Unreferenced date December 2009 Practice Statement 1966 3 All ER 77 , was a statement made in the House of Lords by Lord Gardiner , L.C., on July 26, 1966 on behalf of himself and the Lords of Appeal in ordinary. Until 1966 , the Judicial functions of the House of Lords House of Lords in the United Kingdom was bound to follow all of its previous decisions under the principle of stare decisis , even if this created injustice and unduly restrict s the proper development of the law London Tramways Co. v London City Council 1898 AC 375 . The Practice Statement 1966 is authority for the House of Lords to depart from their previous decisions. It does not affect the precedent ial value of cases in lower courts all other courts that recognise the House of Lords as the court of last resort are still bound by House of Lords decisions. Before this, the only way a binding precedent could be avoided was to create new legislation on the matter. This is the text of the Practice Statement Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose therefore, to modify their present practice and, while treating formal decisions of this house as normally binding, to depart from a previous decision when it appears to be right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlement of property, and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law. This announcement is not intended to affect the use of pre ... more details
wiktionary Precedence may refer to Message precedence of military communications traffic Order of precedence , the ceremonial hierarchy within a nation or state Order of operations , in mathematics and computer programming Precedence Entertainment , a defunct American game publisher Precedence, a brand of SPECT CT scanner manufactured by Philips See also Precedent , a legal case establishing a principle to be adhered to in subsequent rulings disambig de Pr zedenz ru uk ... more details
Summary book cover fur Article The Great Shark Hunt Use Infobox OPTIONAL FIELDS Title The Great Shark Hunt Author Hunter S. Thompson Publisher Simon & Schuster Cover artist country United States Website Owner Commentary Year 1979 OVERRIDE FIELDS Description Source Portion Low resolution Purpose Replaceability Other information Cover of Hunter S. Thompson s book The Great Shark Hunt , used under fair use precedent for book covers. Licensing Non free book cover ... more details
Clayton s may refer to Claytons , beverage Clayton s case , legal precedent Clayton, California , formerly Clayton s dab Short pages monitor This long comment was added to the page to prevent it being listed on Special Shortpages. It and the accompanying monitoring template were generated via Template Longcomment. Please do not remove the monitor template without removing the comment as well. ... more details
Globalize USA date December 2010 Judicial opinions A memorandum opinion or memorandum decision is a judicial opinion which does not create precedent , Persuasive precedent persuasive or Binding precedent mandatory in some jurisdictions. A memorandum is often brief and written only for the purpose for announcing Judgment law judgment in a particular case. Depending on the kind of memorandum decision, legal citation citation of the opinion as case law may not be accepted. Generally, memorandum opinions follow ordinary rules, including the application of precedent and the rule of stare decisis . However, in many courts for example, the New York Supreme Court, Appellate Division Appellate Division of the Supreme Court of New York , the style of analysis in memorandum opinions is much more concise and conclusory than it would be in an opinion intended for publication. That is, long strings of case citations are often inserted without explication or analysis of the applicability of the cited cases. In contrast, the California Constitution requires that all appellate decisions in California must be decided in writing with reasons stated, which the Supreme Court of California has interpreted as requiring detailed written opinions even in frivolous cases. ref People v. Kelly , http online.ceb.com calcases C4 40C4t106.htm 40 Cal. 4th 106 2006 . ref Nonetheless, the Courts of Appeal have the discretion not to certify opinions in frivolous cases for publication. ref Schmier v. Supreme Court , http online.ceb.com calcases CA4 78CA4t703.htm 78 Cal. App. 4th 703 2000 . ref Memorandum opinions are often issued in areas of well settled law or where a particular set of facts may create imprudent case law. Memorandum opinions are not used in a case of first impression , where there is a lack of authority and guidance for subsequent courts. Citation needed date November 2008 See also Published opinion Legal opinion Reference Reflist External links http unitedstatesreports.org blog ?p 2 ... more details
Jane Johnson may refer to Jane Johnson slave c.1814 1872 , American slave who was center of a precedent setting legal case Jane Johnson writer born 1960 , English author Jane Clayson Johnson born 1967 , American journalist See also Jane Johnston Schoolcraft , aka Jane Johnston, first American Indian literary writer hndis name Johnson, Jane ... more details
Unreferenced date May 2007 The Member System , modeled on the cabinet system , was created by United Kingdom British authorities in Malaysia to provide self governance. Like the Communities Liaison Committee , it drew on members of different communities, and was later described as setting a precedent for the powersharing multiracial Malayan and Malaysian cabinets post independence. Malaysia stub government stub Category Political history of Malaysia ... more details
The North Dakota Railroad Commission was a North Dakota constitutional agency that was the precedent of the North Dakota Public Service Commission . The Commission consisted of three elected Railroad Commissioners, and was created in 1889. In 1940, in response to the commission s expanding duties beyond the railroad industry, it was renamed the North Dakota Public Service Commission . See also List of North Dakota Public Service Commissioners North Dakota Public Service Commission North Dakota State Government Category Government of North Dakota Railroad Commission NorthDakota stub ... more details
orphan date January 2008 Unreferenced date December 2007 The Enoch Arden law is a legal precedent in the United States that grants a divorce or a legal exemption so that a person can remarry, if his or her spouse has been absent without explanation for a certain number of years, typically seven. The Enoch Arden doctrine is named after Alfred Tennyson, 1st Baron Tennyson Tennyson s melodrama Enoch Arden . US law stub Category Divorce law Category American legal terms ... more details
Summary logo fur Article Six Flags Dubailand Use Infobox ADDITIONAL INFORMATION Used for Owner Website History Commentary OVERRIDE FIELDS Description Source Portion Low resolution Purpose Must be specified if Use is not Infobox Org Brand Product Replaceability other information This comes from the Six Flags Press release announcing the commencement of the Six Flags Dubailand project. This is fair use because of precedent all other Six Flags pks related articles use the same logo. Licensing Non free logo ... more details
Thoas is a name in Greek mythology that may refer to Thoas , one of the Achaean leaders in the Trojan War Thoas Tauri king , son of Dionysus and father of Hypsipyle Thoas, grandson of the precedent, twin brother of Euneus also known as Nebrophon or Deipylus Thoas, a son of of Icarius Thoas, a Trojan killed by Menelaus Thoas, a companion of Aeneas Thoas, one of the suitors of Penelope Thoas, a Theban killed by Tydeus Thoas, a companion of Theseus disambig Category Disambiguation pages ... more details
In Greek mythology , the name Iphianeira lang el may refer to two women, great grandmother and great granddaughter ref Diodorus Siculus , Library of History , 4. 68. 5 ref Daughter of Megapenthes and wife of Melampus , mother of Antiphates , Bias, Pronoe and Manto mythology Manto . Granddaughter of the precedent s son Antiphates and Zeuxippe , daughter of Oicles and Hypermnestra, sister of Amphiaraus and Polyboea . References reflist Greek myth stub Category Greek mythology Category Women in Greek mythology ... more details
Administrative Court Regeringsr tten , have the right to set precedent which is in practice however ... statutes and applying precedent s which record how and why prior Legal case cases have been decided ... courts. If a judge acts against precedent and the case is not appeal appealed , the decision ... expensive and difficult to make. A lower court may not rule against a binding precedent, even if it feels ... the precedent unhelpful, and wishes to evade it and help the law evolve, it may either hold that the precedent ... court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. This may happen several ... analysis called ratio decidendi , then constitutes a precedent binding on other courts further analyses ... precedent, much of the exposition of the law in civil law traditions is done by academics rather ... is more compelling than can be found in precedent. Thus common law systems are adopting one of the approaches ... precedent, in order to reach a different conclusion. The validity of such a distinction may ... precedent, but all may be cited as persuasive, or their reasoning may be adopted in argument. Quite apart from the rules of precedent, the weight actually given to any reported judgment may depend on the reputation ... more details
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