Case law in the context of "Precedents"

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 little emphasis on precedent (see, jurisprudence constante), and where judges primarily focus on fact-finding and applying the codified law.

Theology is the study of religious belief from a religious perspective, with a focus on the nature of divinity and the history behind religion. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the supernatural, but also deals with religious epistemology, asks and seeks to answer the question of revelation. Revelation pertains to the acceptance of God, gods, or deities, as not only transcendent or above the natural world, but also willing and able to interact with the natural world and to reveal themselves to humankind.

Theologians use various forms of analysis and argument (experiential, philosophical, ethnographic, historical, and others) to help understand, explain, test, critique, defend or promote any myriad of religious topics. As in philosophy of ethics and case law, arguments often assume the existence of previously resolved questions, and develop by making analogies from them to draw new inferences in new situations.

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 Bürgerliches Gesetzbuch (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, recognizing prior court decisions as legally binding precedent.

A judge is a person who presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.

Jurisprudence constante (French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal 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 such as Louisiana.

The rule of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis; however, "aseries of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeal has explicitly noted that within Louisiana, jurisprudence constante is merely a secondary source of law, which cannot be authoritative and does not rise to the level of the source of law, which is legislation. Judicial decisions are not intended to be an authoritative source of law, and, thus, the civilian tradition does not recognize the doctrine of stare decisis.

Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the theoretical foundations and applications of the common law. When used in the context of a common law legal system, the term civil law means that branch of the law not including criminal law.

The common law system, which originated in medieval England, is often contrasted with the civil law legal system originating in France and Italy. Whereas the civil law takes the form of legal codes such as the Napoleonic Code, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.

A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.