PRECEDENT:
"A COURT DECISION ON A QUESTION OF LAW THAT GIVES AUTHORITY OR DIRECTION
ON HOW TO DECIDE A SIMILAR
QUESTION OF LAW IN A LATER CASE WITH SIMILAR FACTS."
STARE DECISIS: "LET THE DECISION STAND"
"WHEN A COURT HAS DECIDED A CASE BY APPLYING A LEGAL PRINCIPLE
TO A SET OF FACTS, THAT COURT SHOULD STICK BY THAT PRINCIPLE
AND APPLY IT TO ALL LATER CASES, ABSENT A GOOD, STRONG REASON.
LOWER COURT MUST APPLY THE PRINCIPLE IN SIMILAR CASES.
USE OF PRECEDENT:
- ACCEPT
- MODIFY
- DISTINGUISH
- OVERRULE
APPELLATE COURT DECISIONS
New York Times v. United States
TYPES OF OPINIONS:
- THE COURT'S OPINION:
MAJORITY OR PLURALITY
- CONCURRING OPINION:
AGREE IN RESULT, BUT NOT REASON.
- DISSENTING:
DISAGREE IN BOTH RESULT AND REASON
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