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The Divorce Encyclopedia
Case Law


Term Definition Case Law - previous court rulings that apply in other cases.
Application in Divorce Case law is court-made law.

A precedent is a court decision in a similar case, something that has already happened that influences how future similar events will be viewed by the court.

The courts and the law are very bound by precedents. Earlier cases close in fact or legal principles are called precedents, and courts are very guided by them because they do not want to rehear what has been decided.

In arguments, lawyers cite case law to support a contention that similar cases should be decided in similar ways.

Case law is in keeping with the doctrine of stare decisis, a Latin term meaning to "stay with decided cases."

See also Factors; Stare Decisis; Operation of Law; Common Law; Divorce Law; Divorce Statutes; Stare Decisis; Precedent.

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