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Stare Decisis
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. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
A holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' is the result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court". Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Administrative Court Of Sweden
The Supreme Administrative Court of Sweden (, before 2011 ''Regeringsrätten'', acronym ''RR'' or ''RegR'') is the supreme court and the third and final tier for administrative court cases in Sweden, and is located in Stockholm. It has a parallel status to that of the Supreme Court of Sweden (), which is the supreme court for criminal and civil law cases. It hears cases which have been decided by one of the four Administrative courts of appeal, which represent the second tier for administrative court cases in Sweden. Before a case can be decided, a leave to appeal must be obtained, which is typically only granted when the case is of interest as a precedent. The bulk of its caseload consist of taxation and social security cases. Justices of the Supreme Administrative Court () are appointed by government, but the court as an institution is independent of the Riksdag, and the government is not able to interfere with the decisions of the court. By law, there shall be fourteen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Sweden
The Supreme Court of Sweden (, HD) is the supreme court and the third and final instance in all civil and criminal cases in the Kingdom of Sweden. Before a case can be decided by the Supreme Court, leave to appeal must be obtained, and with few exceptions, leave to appeal can be granted only when the case is of interest as a precedent. The Supreme Court consists of 16 Justices () who are appointed by the government, but the court as an institution is independent of the Riksdag, and the Government is not able to interfere with the decisions of the court. Since 2018, justice Anders Eka serves as the chairman of the Supreme Court of Sweden. History Historically, all judicial power was vested in the Monarch, but in 1614 Gustavus Adolphus instituted Svea Court of Appeal and authorized it to issue sentences in his name. Those not satisfied with sentencing were able to turn directly to the monarch, and appeals were handled by the Justice Department of the Privy Council (in ) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweden
Sweden, formally the Kingdom of Sweden, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic country by both area and population, and is the List of European countries by area, fifth-largest country in Europe. Its capital and largest city is Stockholm. Sweden has a population of 10.6 million, and a low population density of ; 88% of Swedes reside in urban areas. They are mostly in the central and southern half of the country. Sweden's urban areas together cover 1.5% of its land area. Sweden has a diverse Climate of Sweden, climate owing to the length of the country, which ranges from 55th parallel north, 55°N to 69th parallel north, 69°N. Sweden has been inhabited since Prehistoric Sweden, prehistoric times around 12,000 BC. The inhabitants emerged as the Geats () and Swedes (tribe), Swedes (), who formed part of the sea-faring peopl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nordic Countries
The Nordic countries (also known as the Nordics or ''Norden''; ) are a geographical and cultural region in Northern Europe, as well as the Arctic Ocean, Arctic and Atlantic Ocean, North Atlantic oceans. It includes the sovereign states of Denmark, Finland, Iceland, Norway and Sweden; the autonomous administrative division, autonomous territories of the Faroe Islands and Greenland; and the autonomous region of Åland. The Nordic countries have much in common in their way of life, History of Scandinavia, history, religion and Nordic model, social and economic model. They have a long history of political unions and other close relations but do not form a singular state or federation today. The Scandinavism, Scandinavist movement sought to unite Denmark, Norway and Sweden into one country in the 19th century. With the dissolution of the union between Norway and Sweden (Norwegian independence), the independence of Finland in the early 20th century and the 1944 Icelandic constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total population of over 84 million in an area of , making it the most populous member state of the European Union. It borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The Capital of Germany, nation's capital and List of cities in Germany by population, most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in the territory of modern Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic peoples, Germanic tribes have inhabited the northern parts of modern Germany since classical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlantic, North Atlantic, the French West Indies, and List of islands of France, many islands in Oceania and the Indian Ocean, giving it Exclusive economic zone of France, one of the largest discontiguous exclusive economic zones in the world. Metropolitan France shares borders with Belgium and Luxembourg to the north; Germany to the northeast; Switzerland to the east; Italy and Monaco to the southeast; Andorra and Spain to the south; and a maritime border with the United Kingdom to the northwest. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea. Its Regions of France, eighteen integral regions—five of which are overseas—span a combined area of and hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of State (France)
A council of state is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head of state. In some countries it functions as a supreme administrative court and is sometimes regarded as the equivalent of a privy council. Modern * Belgian Council of State is a judicial and advisory body that assists the executive with obligatory legal advice on each draft law and is the supreme court for administrative justice * Chinese State Council is the country's highest executive body * Colombian Council of State * Cuban Council of State * Danish Council of State is similar to a privy council with a largely ceremonial role * Dutch Council of State is an advisory body that consists of one or two members of the royal family and other members appointed by the Crown * Egyptian Council of State * Finnish Government is literal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (, ) is the supreme court for civil and criminal cases in France. It is France's highest court. It is one of the country's four superior courts, along with the Conseil d'État (France), Council of State, the Constitutional Council (France), Constitutional Council and the Tribunal des conflits, Jurisdictional Disputes Tribunal. It primarily hears appeals against the decisions of Cour d'assises, courts of assizes and Court of appeal (France), courts of appeal (appeals-in-cassation). The Court only reviews questions of law (but not questions of fact) and bears ultimate responsibility for a uniform interpretation and application of statutory law throughout France. It also filters out appeals challenging the constitutionality of statutes before forwarding them to the Counstitutional Council, reviews lower court verdicts on request of the European Court of Human Rights and hears several other types of cases. The Court is organized into three civil chambers, a c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Constante
' ( French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine ... according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions, e.g., Louisiana. The rule of law applied in the ' directly compares with '. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for '; however, "a series of adjudicated cases, all in accord, form the basis for '." Mor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
