05 2013. 10 2022 (2013, 05). Decisive legaldictionary.lawin.org Retrieved January 10, 2022, from legaldictionary.lawin.org/decisive/ Asian Law, `Decisive` (legaldictionary.lawin.org 2013) joined on October 11, 2022 The term is often used in civil law. A decisive oath can be used in any type of civil dispute. It can be used in possession or receivables; and in personal and real actions. In some situations, the words are conclusive and fundamentally equivalent. However, conclusive applies to arguments or logical evidence that end debates or questions. When does it make sense to use the determinant rather than the decisive? If a court is faced with a legal dispute and a previous court has ruled on the same or closely related issue, the court will make its decision in accordance with the decision of the previous court. The court which ruled on the previous instance must be binding on the court; Otherwise, the previous decision is only convincing. In Kimble v. Marvel Enterprises, the U.S.
Supreme Court described the reasoning behind stare decisis as „promoting the balanced, predictable, and consistent development of legal principles, promoting the use of judicial decisions, and contributing to the real and perceived integrity of the judicial process.“ A decisive oath is an oath taken by a litigant that is used to decide the case because the opponent offered to refer the decision of the case to the party because it was unable to provide sufficient evidence. A decisive oath is an oath on which the case is based because one of the parties to the dispute postpones or refers the other to the other to decide the case. A decisive oath is also known as a decisive oath. The final and decisive words are synonymous, but differ in nuance. Specifically, what is final, what is presented as definitive and permanent applies. Look for legal acronyms and/or abbreviations that contain Crucial in the dictionary of legal abbreviations and acronyms. When is a more appropriate choice conclusive? Some common synonyms for crucial are conclusive, definitive and decisive. While all of these words mean „to end,“ they can be crucial for something that ends controversy, competition, or uncertainty.
Your email address will not be published. Required fields are marked * This entry on Decisive was published under a Creative Commons Attribution 3.0 (CC BY 3.0) license, which allows unrestricted use and duplication, provided that the author(s) of the Decisive entry and the Lawi platform are credited as the source of the Decisive entry. Please note that this CC BY license applies to certain Crucial textual content and that certain images and other textual or non-textual elements may be covered by special copyright regulations. For instructions on how to cite Decisive (attribution under the CC BY license), see our „Cite this entry“ recommendation below. What motivated you to look it up in this dictionary? Please let us know where you read it (including the quote, if possible). Stare decisis is the doctrine that courts respect precedents in their decisions. Stare decisis means „to stick to things decided“ in Latin. Search or search for Decisive in the American Encyclopedia of Law, Asian Encyclopedia of Law, European Encyclopedia of Law, UK Encyclopedia of Law, or Latin American and Spanish Encyclopedia of Law. You might be interested in the historical significance of this term. Browse or search Decisive in Historical Law in the Encyclopedia of Law. The doctrine operates both horizontally and vertically.
Horizontal stare decisis refers to a court that adheres to its own precedent. For example, if the Seventh District Court of Appeals were to comply with the decision in an earlier case of the Seventh District Court of Appeals, this would be a horizontal stare decisis. A court engages in vertical stare decisis when applying the precedents of a higher court. For example, if the Seventh District Court of Appeals were to comply with an earlier decision of the U.S. Supreme Court, it would be a vertical stare decisis decisis. Or, if the U.S. District Court for the Southern District of New York were to comply with an earlier Second Circuit decision, it would be a vertically rigid decision. Although courts rarely set precedents, the U.S. Supreme Court in Seminole Tribe of Florida v. Florida said stare decisis is not a „relentless order.“ If previous decisions are „impracticable or poorly reasoned,“ then the Supreme Court cannot follow a precedent, and that applies „especially to constitutional cases.“ For example, in Brown v. Board of Education, the U.S.
Supreme Court expressly waived Plessy v. Ferguson and therefore refused to apply the doctrine of stare decisis.