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Understanding Case Law: Key Terms in Precedent and Stare Decisis

This chapter provides an in-depth analysis of essential legal concepts relating to case law, particularly focusing on precedent. It outlines the distinction between mandatory precedent from higher courts and persuasive precedent that guides lower courts. The principle of stare decisis is emphasized, highlighting its importance in maintaining consistency and stability in legal decisions. By understanding these key terms, readers will gain insight into how earlier court decisions shape and inform current rulings within the judicial system.

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Understanding Case Law: Key Terms in Precedent and Stare Decisis

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  1. CHAPTER 12 CASE LAW ANALYSIS KEY TERMS

  2. PRECEDENT • AN EARLIER COURT DECISION ON AN ISSUE THAT GOVERNS OR GUIDES A SUBSEQUENT COURT IN ITS DETERMINATION OF AN IDENTICAL OR SIMILAR ISSUE BASED ON IDENTICAL OR SIMILAR KEY FACTS

  3. MANDATORY PRECEDENT • PRECEDENT FROM A HIGHER COURT IN A JURISDICTION THAT MUST BE FOLLOWED BY THE LOWER COURTS IN THAT JURISDICTION

  4. PERSUASIVE PRECEDENT • PRECEDENT THAT A COURT MAY LOOK TO FOR GUIDANCE WHEN REACHING A DECISION, BUT IS NOT BOUND TO FOLLOW

  5. STARE DECISIS • A PRINCIPLE THAT REQUIRES A COURT TO FOLLOW A PREVIOUS DECISION OF THAT COURT OR A HIGHER COURT IN A JURISDICTION WHEN THE CURRENT DECISION INVOLVES ISSUES AND FACTS SIMILAR TO THOSE IN THE PREVIOUS DECISION

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