system and use the principle of stare decisis (i.e., follow precedent); however, much U.S. [...] wipo.int 作为英国殖民地遗产的一部分,联邦法院和大多数州法院均沿用普通法系并采用遵循先例 的 法则;但 是, 自独立战争之后,许多美国法律在实质内容和程序上已经从英国法律分离出来。 wipo.int ...
网络遵循先例原则;先例拘束力原则 网络释义
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Stare decisisadministrative lawjudicial reviewadministrative decision-makerscommon lawCanada"When the facts change, I change my opinion," John Maynard Keynes once tartly replied to a questioner concerned that the economist had altered his position on a...
The principle of stare decisis-of abiding by previous decisions2-Dana T. BlackmoreN.c.j.intl L. & Com.regBlackmore, Dana T. 2003. "Eradicating the Long Standing Existence of a No-Precedent Rule in International Trade Law-Looking Toward Stare Decisis in WTO Dispute Settlement." NCJ Int'l...
解析 common Stare decisis是拉丁语,意为"遵循先例",该原则要求法院在审理类似案件时应当遵守先前确立的判例。这一原则是普通法系(Common Law)的核心特征。普通法系以判例法为主要法律渊源,与主要依赖法典的大陆法系(Civil Law)形成鲜明对比。判断时通过比较各法系核心特征确定,因此正确答案为common law。
The court is supposed to abide by the principle of stare decisis — which literally means “to stand by things decided.” As Alexander Hamilton explained, adherence to precedent was necessary “to avoid an arbitrary discretion in the courts.” However, this term court watchers say theconservative...
Part III outlines Justice O'Connor's respect for precedent and commitment to the principle of stare decisis particularly as it relates to her refusal to overrule the case of Roe v. Wade. Part IV describes how her judicial philosophy evolved during her tenure on the Court in a number of ...
of each case they heard as well as the decisions and punishments that were ordered. This is known as case law orcommon law. This began a justice system that relied on the principle of stare decisis or “to stand by the decision”. This principle developed into the rule of precedent which...
英国案例：石炭酸球案TheSmokeBallCase