Precedent | Wikipedia audio article
Channel: wikipedia tts
Date: 2019-10-04

This is an audio version of the Wikipedia Article:
https://en.wikipedia.org/wiki/Precedent


00:02:35 1 Principle
00:03:43 1.1 Case law in common-law systems
00:08:35 2 Categories and classifications of precedent, and effect of classification
00:08:48 2.1 Verticality
00:10:23 2.2 Horizontality
00:11:42 2.3 Federalism and parallel state and federal courts
00:13:09 2.4 Binding precedent
00:18:21 2.4.1 Binding precedent in English law
00:19:55 2.4.2 "Super istare decisis/i"
00:22:00 2.5 Persuasive precedent
00:23:14 2.5.1 Lower courts
00:23:31 2.5.2 Higher courts in other circuits
00:23:56 2.5.3 Horizontal courts
00:24:19 2.5.4 Statements made in iobiter dicta/i
00:25:07 2.5.5 Dissenting opinions
00:26:25 2.5.6 Treatises, restatements, law review articles
00:26:52 2.5.7 Persuasive effect of decisions from other jurisdictions
00:29:50 2.6 Nonprecedential decisions: unpublished decisions, non-publication and depublication, noncitation rules
00:30:55 2.7 iRes judicata/i, claim preclusion, collateral estoppel, issue preclusion, law of the case
00:31:23 2.7.1 iRes judicata/i, claim preclusion
00:32:34 2.7.2 Collateral estoppel, issue preclusion
00:33:27 2.7.3 law of the case
00:34:11 2.8 Splits, tensions
00:34:30 2.8.1 Jurisdictional splits: disagreements among different geographical regions or levels of federalism
00:35:00 2.8.2 Splits among different areas of law
00:35:41 2.8.3 Conflicts
00:35:49 2.9 Matter of first impression
00:36:54 3 Contrasting role of case law in common law, civil law, and mixed systems
00:38:15 3.1 Civil law systems
00:41:31 3.2 Mixed or bijuridical systems
00:42:33 3.3 Role of academics in civil law jurisdictions
00:43:49 4 Critical analysis
00:43:59 4.1 Court formulations
00:47:46 4.2 Academic study
00:48:37 5 Application
00:48:47 5.1 Development
00:50:53 5.2 United States legal system
00:52:41 5.3 English legal system
00:53:00 5.3.1 The Supreme Court's ability to override its own precedent
00:55:34 5.3.2 Distinguishing precedent on legal (rather than fact) grounds
00:56:02 6 Rules of statutory interpretation
00:56:36 6.1 Statutory interpretation in the U.K.
00:59:05 6.2 Statutory Interpretation in the United States
01:01:24 7 Practical application
01:02:07 7.1 Judicial resistance
01:02:35 7.2 Structural considerations
01:03:40 7.3 Originalism
01:09:22 7.4 Advantages and disadvantages
01:09:39 7.5 Criticism of precedent
01:11:33 7.6 Agreement with precedent
01:12:35 8 See also
01:13:13 9 Notes
01:13:22 10 External links



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SUMMARY
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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. 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 (a Latin phrase with the literal meaning of "Let the decision stand"). 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 subordinate legislation - that is, delegated legislation (in UK 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 ...