Law Atlas

How The Law Decides
Sign In
Text size
100%
Theme
Group

Precedent and Judicial Opinion Doctrines

Doctrines about how courts reason and how their reasoning binds later courts: stare decisis, the holding and the passing remark, concurring opinions, reserved judgments and the Latin that carries judicial language, together with the rule that a court may not give more than was asked. A doctrine belongs here when its cited article describes how a judicial decision is made, written or followed. It excludes trial procedure and court officers.

Browse By
Precedent and Judicial Opinion Doctrines
Filter Results7 entries
Sources
Concurring opinion (Wikipedia)
Has Member: Concurring opinion, Introduction, sentence 1
Quote, Has Member: Concurring opinion, Introduction, sentence 1
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision.
View the Source
Curia advisari vult (Wikipedia)
Has Member: Curia advisari vult, Introduction, sentence 1
Quote, Has Member: Curia advisari vult, Introduction, sentence 1
Curia advisari vult is a Latin legal term meaning "the court wishes to consider the matter" (literally, "the court wishes to be advised"), a term reserving judgment until some subsequent day.
View the Source
Holding (law) (Wikipedia)
Has Member: Holding (law), Introduction, sentence 1
Quote, Has Member: Holding (law), Introduction, sentence 1
A holding is a court's determination of a matter of law based on the issue presented in the particular case.
View the Source
Law Latin (Wikipedia)
Has Member: Law Latin, Introduction, sentences 1-2
Quote, Has Member: Law Latin, Introduction, sentences 1-2
Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively referred to as Dog Latin, is a form of Latin used in legal contexts.
View the Source
Non ultra petita (Wikipedia)
Has Member: Non ultra petita, Introduction, sentence 1
Quote, Has Member: Non ultra petita, Introduction, sentence 1
In law, the principle of non ultra petita, meaning "not beyond the request" in Latin, means that a court may not decide more than it has been asked to.
View the Source
Obiter dictum (Wikipedia)
Has Member: Obiter dictum, Introduction, sentence 1
Quote, Has Member: Obiter dictum, Introduction, sentence 1
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "said in passing".
View the Source
Precedent (Wikipedia)
Has Member: Precedent (Stare Decisis), Introduction, sentences 1-2
Quote, Has Member: Precedent (Stare Decisis), Introduction, sentences 1-2
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
View the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.