1 gen 1865 anni - Stare decisis in Common Law

Descrizione:

- In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.[1][2][3] Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained.
- The principle by which judges are bound to precedents is known as stare decisis.
- Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (that is, regulations promulgated by executive branch agencies).

Case law, in common-law jurisdictions, is the set of decisions of adjudicatory tribunals or other rulings that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law, which is guided by previous rulings, for example, previous decisions of a government agency.

Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts, and the general public, in the form of law reports. While all decisions are precedent (though at varying levels of authority as discussed throughout this article), some become "leading cases" or "landmark decisions" that are cited especially often.

In civil law systems, past decisions may influence future decisions, even if they do not have the precedential, binding effect that they have in common law decision-making.

BEGINNING
The principle of stare decisis was not always applied with uniform strictness. In medieval England, common-law courts looked to earlier cases for guidance, but they could reject those they considered bad law. Courts also placed less than complete reliance on prior decisions because there was a lack of reliable written reports of cases. Official reports of cases heard in various courts began to appear in the United States in the early 1800s, but semiofficial reports were not produced in England until 1865. When published reports became available, lawyers and judges finally had direct access to cases and could more accurately interpret prior decisions.

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