içtihat hukuku

listen to the pronunciation of içtihat hukuku
Türkisch - Englisch
case law
Law or system of laws established based on judicial precedent rather than on statutory laws created by legislation
the law of the US is essentially made up of two key elements - statutes, which are the legislative rules passed by Congress and State Legislatures and case law which is the interpretation of those rules by the courts and which can be binding upon courts deciding upon similar matters in the future Case law can be many hundreds of years old and still relied upon if the point of law which the case decided was an important one, or it can be overturned almost immediately if a higher court believes that it reflects an incorrect conclusion
Law established by previous decisions of appellate or district courts See stare decisis in Foreign Words Glossary
(Common Law) Refers to the principles of law that have been established by judges in past decisions When similar issues arise again, judges look to the past decisions as precedents and decide the new case in a manner that is consistent with past decisions Also known as stare decisis (Latin term meaning to let the decision stand)
Law made by court cases rather than legislation
(civil law) a law established by following earlier judicial decisions
Legal sayings with modifying clauses often in the ifäthen form: "If this is the situation then this is the penalty"; also called casuistic law, this type of legal formulation contrasts with absolute law See Chapter 3
Law based on earlier court decisions
The aggregate of reported cases as forming a body of jurisprudence, or the law of particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law
The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law" In other words, the rule is not in the statute books but can be found as a principle of law established by a judge in some recorded case The word jurisprudence has become synonymous for case law
a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
Decisions issued by a court
Case law is law that has been established by following decisions made by judges in earlier cases. Law based on judicial decision and precedent rather than on statutes. a type of law that is based on decisions judges have made in the past
application of prior legal judgments in legal proceedings
The body of written law established through judicial decisions, instead of legislative action (which establishes statutory law)
Precedents from both civil and criminal court cases
Law established by previous decisions of appellate courts, particularly the Supreme Court
The law as laid down in cases that have been decided in the decisions of the courts
Legally binding and commonly accepted rules or principles developed over time through the gradual accumulation of rulings by judges These laws are also known as common law
Law whose principles are derived from court decisions