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Precedent

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Q: An earlier model upon which judges may base decisions?
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What is a legal model on which judges base later decisions?

A precedent is an earlier decision used as a guide or model in future decision-making. Courts often use precedents set in earlier cases to render a judgment, under the doctrine of stare decisis (Latin: Let the decision stand), a common law principle.


Why is it more important for judges to base their decisions on the Constitution rather than Majority Rule?

Because the mood and opinions of the general public are fickle, swing widely, and change often. The Constitution is (suposed to be) timeless and a document embodying law on which you can base solid and lasting decisions.


The legal basis for Common law systems?

In Common Law systems judges base their decisions largely on past decisions of other courts. This has the advantage of movement toward a consistent application of law across geography and time. The system evolved in England and is in place in most US states. Another approach is sometimes referred to as Napoleonic Code, a system developed in France which is in place in the state of Louisiana. Judges there make decisions based on interpretation of statute law (laws passed by the legislature) only.


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