What is it called when a judge makes a decision based on a previous case?

What is it called when a judge makes a decision based on a previous case?

precedent – A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

What is the decision at the end of a case?

A judgment is the court’s final decision on your case. It is a kind of court order. There are two ways to get a judgment. At the end of your case, you can work out an agreement with the other person and ask the judge to approve it.

What does it mean for a case to be decided on the merits?

The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. This is in opposition to cases whose decisions rest upon procedural grounds.

What does without merit mean in law?

The Court in Wasif confirmed that “totally without merit” means “no more and no less than ‘bound to fail’”. A case will be bound to fail (and therefore totally without merit) where there is “no rational basis on which the claim could succeed“.

What is the merits of a decision?

Merits review is the process by which a person or body: other than the primary decision-maker; reconsiders the facts, law and policy aspects of the original decision; and. determines what is the correct and preferable decision.

What does a merits brief tell the Supreme Court?

Merits brief: Once the Supreme Court has granted certiorari in a case, each party has the opportunity to file merits briefs. Unlike the certiorari-stage briefs, which tell the Court why it should or should not take the case, the merits briefs tell the Court why each party thinks he deserves to win.

When does the Supreme Court issue an opinion?

Opinion: When it decides a case, the Court generally issues an opinion, which is a substantive and often long piece of writing summarizing the facts and history of the case and addressing the legal issues raised in the case.

Which is the correct definition of the term adjudication?

Adjudication — A judgment or decision of a court or jury regarding a case. Admission — The voluntary acknowledgement of the existence of fact facts relevant to an adversary’s case. (Compare Confession) Affiant — The person who makes and signs an affidavit.

Which is the correct definition of a capital case?

Capital Case — A criminal case in which the allowable punishment includes death. Case Law — Decisions of federal and state courts interpreting and applying laws in specific fact situations; opinions are reported in various volumes.