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In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."〔Black's Law Dictionary, p. 1059 (5th ed. 1979).〕 Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies). Case law or common law is the set of decisions of adjudicatory tribunals that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law which is guided by previous rulings, for example, previous decisions of a government agency. Precedential (whether strongly binding or weakly persuasive) case law can arise from a ruling by either a judicial court, or by an executive branch agency. Trials and hearings that do not result in written decisions, written decisions that are designated "nonprecedential" by the tribunal, or written decisions of agencies that are not issued and indexed with sufficient formality to gain precedential effect, do not create precedent for future court decisions.〔(【引用サイトリンク】title=Legal Dictionary - Law.com )〕 ==Principle== ''Stare decisis'' (Anglo-Latin pronunciation: ) is a legal principle by which judges are obligated to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim ''Stare decisis et non quieta movere'': "to stand by decisions and not disturb the undisturbed."〔Adeleye, Gabriel et al. ''(World Dictionary of Foreign Expressions: a Resource for Readers and Writers )'', page 371 (1999).〕 In a legal context, this is understood to mean that courts should generally abide by precedent and not disturb settled matters.〔 The principle of ''stare decisis'' can be divided into two components. The first is the rule that a decision made by a superior court, or by the same court in an earlier decision, is binding precedent that the court itself and all its inferior courts are obligated to follow. The second is the principle that a court should not overturn its own precedent unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts. The second principle, regarding persuasive precedent, is an advisory one that courts can and do ignore occasionally.〔Kmiec, Keenan. The Origin and Current Meanings of "Judicial Activism", ''California Law Review'' (2004): 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Precedent」の詳細全文を読む スポンサード リンク
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