Jurisprudentie, letterlijk rechtsopvatting, is het geheel van uitspraken die door (Nederlandse) rechters zijn gedaan. Jurisprudentie is dus een verzamelterm. Het gaat om uitspraken, arresten en vonnissen die gedaan zijn door rechters van rechtbanken, het gerechtshof en de Hoge Raad. Jurisprudentie vormt een aanknopingspunt voor rechters om te oordelen in latere soortgelijke gevallen en voor rechtsgeleerderden en mensen uit de rechtspraktijk, om een juridische mening te vormen over een bepaald onderwerp.
Een jurisprudentie betekenis Geheel van uitspraken van rechters. De jurisprudentie vormt een richtlijn voor de rechtspraak in latere, soortgelijke gevallen.
Legal precedent definition
Learn what legal precedent means and how it works in the U.S. legal system. Find out the difference between binding and persuasive precedent, and see examples of cases that set or follow precedent. Precedent is a court decision that is an authority for deciding similar cases. Learn how precedent works, when it applies, and how it differs from stare decisis and obiter dicta.
Legal precedent definition Legal precedents are when a case’s circumstances and legal requirements match those of a contemporary legal dispute; unless a party can demonstrate that it was incorrectly resolved or that it differed materially, the precedent will typically govern the outcome of a later similar case.
Case law explanation
The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as “ common law,” and “case precedent,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case. Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law explanation Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.
Judge-made law meaning
Judge-made law, also known as common law or case law, refines legal systems through judicial decisions. Unlike statutes enacted by legislative bodies, it arises from court rulings that interpret legislation and address areas where no statute exists. A judge-made law is a law rooted in a judiciary decision, not an act of legislation made by lawmakers or a regulation created by a government agency with the legal authority to do so. The collective body of judge-made laws in a nation is also known as case law.
Judge-made law meaning The term "judge-made" refers to laws and legal principles that are created through the decisions made by judges in court cases. Unlike laws that are written and passed by legislatures, judge-made laws arise from the interpretations and rulings judges make when they resolve disputes.
Common law
Common law is a legal system based on judicial precedent and reasoning, rather than statutes or constitutions. It originated in England and spread to many former colonies and mixed legal systems. Learn about its terminology, basic principles, evolution and interactions with other laws. Learn what common law is, how it differs from civil statutory law, and how it is applied in the United States. Find out the history, examples, and cases of common law, and the difference between federal and state common law.
Common law Common law is a system of unwritten laws based on legal precedents established by the courts. Learn how common law works, how it differs from civil law, and what are some examples of common law in the U.S. and the U.K.
