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.
All Precedent and Judicial Opinion Doctrines
Filter Results7 entries
Sources
Concurring opinion (Wikipedia)
Has Member: Concurring opinion, Introduction, sentence 1Quote, 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.
Curia advisari vult (Wikipedia)
Has Member: Curia advisari vult, Introduction, sentence 1Quote, 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.
Holding (law) (Wikipedia)
Has Member: Holding (law), Introduction, sentence 1Quote, 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.
Law Latin (Wikipedia)
Has Member: Law Latin, Introduction, sentences 1-2Quote, 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.
Non ultra petita (Wikipedia)
Has Member: Non ultra petita, Introduction, sentence 1Quote, 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.
Obiter dictum (Wikipedia)
Has Member: Obiter dictum, Introduction, sentence 1Quote, Has Member: Obiter dictum, Introduction, sentence 1
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "said in passing".
Precedent (Wikipedia)
Has Member: Precedent (Stare Decisis), Introduction, sentences 1-2Quote, 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.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.