Common Law Reasoning: Precedent and Stare Decisis

These flashcards cover essential vocabulary related to common law reasoning, precedent, and the concept of stare decisis, providing definitions for key terms discussed in the lecture.

Common Law

A body of law developed through court decisions rather than through legislative statutes.

Stare Decisis

The doctrine stating that courts should follow precedents set by previous decisions.

Precedent

A legal case that establishes a principle or rule that is then used by judges in deciding subsequent cases.

Ratio Decidendi

The legal principle or rule that is the basis for a court's decision.

Judicial Decision Making

The process by which judges interpret law and make rulings in cases.

Empirical Models

Approaches that analyze how judges actually make decisions based on data and past cases.

Normative Models

Approaches that discuss how judges should theoretically make decisions.

Reception Statutes

Laws enacted to adopt existing common law within new jurisdictions, such as the U.S.

Fairness in Law

The principle that like cases should be treated alike to ensure justice.

Reliance Interests

The idea that individuals should be able to plan their affairs based on settled legal rules.

Legal Freedom

The concept that judges have discretion to decide cases based on their interpretation of the law.

Fact Freedom

The ability of judges to determine which facts in a case are relevant and material to the decision.