Precedent

“ One precedent creates another.— They soon accumulate, and constitute law. What yesterday was fact, to-day is doctrine. ”

“ Antonyms: PRECEDENT. Synonyms:
A precedent is an authoritative case, example, or instance. The communism of the early Christians in Jerusalem is a wonderful example or instance of Christian liberality, but not a precedent for the universal church through all time. Cases decided by irregular or unauthorized tribunals are not precedents for the regular administration of law. An obiter dictum is an opinion outside of the case in hand, which can not be quoted as an authoritative precedent. ”

“ The precedent is one which has not received the approbation of jurists, and is not to be followed. See W. B. Lawrence, 2d ed. Wheaton's Element of Int.Law, pt. 4, ch. 1. sec. 11, and note. But, admitting its full weight, it affords no authority in the present case. ”

“ Cl. 419,-had an absolutely novel subject of jurisprudence assigned to them, without one word of statutory guidance to direct them, and without a precedent to be gathered from all the courts in the world. ”

“ Almost every case must now be determined by some precedent, be that precedent good or bad, or whether it properly applies or not; and the practice is become so general as to suggest a suspicion, that it proceeds from a deeper policy than at first sight appears. ”

“ Various reasons are mentioned in argument to show that the suggestion of the respondents may be adopted, but none of them have the support of any authority, nor do the counsel refer to any case as a precedent to warrant such a proceeding. ”

“ Back of precedents are the basic juridical conceptions which are postulates of judicial reasoning, and farther back are the habits of life, the institutions of society, in which those conceptions had their origin, and which, by a process of interaction, they have modified in turn. [12] None the less, in a system so highly developed as our own, precedents have so covered the ground that they fix the point of departure from which the labor of the judge begins. ”

“ and one precedent in favor of power is stronger than an hundred against it. ”

“ Lawyers, who are governed by rules and precedents, are very apt to fall into mistakes, in determining what is right and lawful, in cases which are, in their own nature, prior to any fixed laws or precedents. The only reason for the authority of precedents and general rules in matters of law and government, is, that all persons may know what is law ”

“ On such an afternoon some score of members of the High Court of Chancery bar ought to be—as here they are—mistily engaged in one of the ten thousand stages of an endless cause, tripping one another up on slippery precedents, groping knee-deep in technicalities, running their goat-hair and horsehair warded heads against walls of words and making a pretence of equity with serious faces, as players might. ”

“ Can a judgment inflicting fine or imprisonment be reversed by a court of error, because that judgment proceeded on an indictment containing both bad and good counts, and in respect of which some of the findings of the jury were either defective or defectively entered?—Let us now listen to the decision of that venerable body of men, who are, in the language of our great commentator, "the depositaries of the laws, the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land." ”

“ Such a judgment, it is provided by the statute, may be re examined by this court. Can it be rationally contended that such a judgment as the statute describes can be affirmed of a proceeding which on its face declares that no conclusion upon any fact or circumstance, nor on any question of law connected with it, has been formed? That all that has occurred is a mere formality, and nothing more, and has been adopted expressly to avoid a judgment. ”

“ He tells you, sir, this doctrine had been repeatedly decided on solemn argument and deliberation, twice in the same court, and once in that very case. What is this, but a confession, that he himself hath been the first man to venture on so daring an innovation on the forms of our criminal jurisprudence? To justify himself for having given a written opinion before counsel had been heard for the prisoner, he resorts to the example set by his predecessors, who had delivered the customary verbal opinion, after solemn arguments and deliberation. ”

“ If we correctly apprehend the position of the case as stated in the record in the suit in which judgment was rendered,-and which was handed to the court at the close of the argument, with the consent of both sides that it should be considered by us, there can be no difficulty in this case in reaching a correct conclusion. ”

“ But if, subsequent to the judgment, and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied. * * * In such a case the court must decide according to existing laws, and if it be necessary to set aside a judgment, rightful when rendered, but which cannot be affirmed but in violation of law, the judgment must be set aside'. ”

“ Without stopping, however, to review the subjects in detail, we content ourselves with saying that we think neither the reference to expressions in debate, upon the concession for the sake of argument that they are competent to be looked at, nor an opinion of the Attorney General upon which reliance is placed, are adequate to control or modify the conclusion we have reached as to the meaning of the provision. ”

“ Whether these facts give such color of right to the contention that we have jurisdiction to review the action of the trial court by the writ of mandamus as to lead us to be of opinion that further argument at bar is necessary, and therefore a rule to show cause should issue, is then the question for decision. ”

“ If it should be said, that the judgment might be unjust upon the merits, or erroneous in point in law, the proper answer is, that if true, that would furnish no ground for interference; for the evils of a new trial would be greater, than it would cure. Every such judgment ought to be presumed to be correct, and founded in justice. ”

“ However it might pain us to see injustice perpetuated by a judgment which we are precluded from reviewing by the absence of proper exceptions to the action of the court below, justice itself, and fairness to the court which makes the rulings complained of, require that the attention of that court shall be specifically called to the precise point to which exception is taken, that it may have an opportunity to reconsider the matter and remove the ground of exception. ”

“ The case is here to review the action of the court below sustaining such conclusion, its judgment being that of the court of last resort of the state in consequence of the refusal of the Supreme Court of the state to allow a writ of error. ”

“ The spirit of the rule which is claimed in this case should go further to protect a plaintiff showing some right, although not the whole right, than to maintain that one can sue who has shown no right at all. ”

“ Hunter, (1 Wheat. 355,) 'A final judgment of the court is conclusive upon the rights which it decides, and no statute has provided any process by which this court can revise its judgment.' See, also, Sibbald v. ”

“ In truth, the case comes up de novo, and is reviewed as from the beginning, and a judgment made up without regard to the proceedings below further than to determine from the record of facts and law sent up, holding in all cases jurisdiction as well of facts as law—and in truth it is nothing more than a high court of chancery. ”

“ Those who write upon the principles of jurisprudence, consider only what the person to whom the obligation is due, ought to think himself entitled to exact by force; what every impartial spectator would approve of him for exacting, or what a judge or arbiter, to whom he had submitted his case, and who had undertaken to do him justice, ought to oblige the other person to suffer or to perform. ”

“ It is my deliberate opinion that these causes, in the form in which they are presented to our consideration, fall within no one of the categories, either in the constitution or the laws of the United States, by which the jurisdiction of this court or that of the circuit courts, have been conferred or prescribed. ”

“ What court, what tribunal of last resort, is to define this God, and who is to make known his will? In his presence, laws passed by men will be of no value. The decisions of courts will be as nothing. ”

“ How far a writ of scire facias upon a recognizance to answer for an offense should be considered a civil action is a question upon which there has been some diversity of judicial opinion, depending in some degree upon the manner in which the question has arisen, and upon the comparative regard to be paid to the form of the proceedings, and to the purpose for which and the circumstances under which such a recognizance is taken. ”

“ But we do not think, under the conditions which presently exist, we are called upon to consider the correctness of the theory upon which the court of appeals placed its decision, or the soundness of the contentions at bar by which that theory is supported on the one hand or assailed on the other. ”

“ He has not simply said, ad quaestionem juris respondent judices, nor in like manner ad quaestionem facti, respondent juratores, but he has placed them in a striking opposition and contrast, and drawn a well-defined limit around the functions of both the court and the jury, and informed them, in terms too unequivocal for misapprehension, that the limit, thus prescribed, neither has the power to transcend; has declared to each what it shall not do. ”

“ No principle is better settled, or of more universal application, than that no court can reverse or annul its own final decrees or judgments, for errors of fact or law, after the term in which they have been rendered, unless for clerical mistakes ”

“ If any of the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment The judgment shall be final and conclusive. ”

“ When one of the superior courts of law has, after solemn argument and full consideration, laid down a certain principle as one fit to be applied to the case in hand, there is a reasonable presumption that this decision is correct, and that the principle is a just one fit to be applied to all similar cases in the future, that is to say, fit to receive permanent recognition as a new rule of law. ”

“ Justice BLACK think that the findings in the opinion and decree below, while informal, are sufficient for purposes of decision, and that the case should therefore be decided now without further proceedings below; the more so because of the public interest involved. ”

“ If the act complained of is done under color of an authority conferred by law, the court will not interfere, if there is any ground of doubt, as to the authority, until the doubt has been removed, and the matter finally determined at law. ”

“ While I join the opinion of the Court, one consideration leading to the Court's conclusion is for me so decisive that I deem it appropriate to give it emphasis.
Section 1 (b) is not to be construed on its face. It comes to us with an authoritative gloss. ”

“ In construing a statute, penal as well as others, we must look to the object in view, and never adopt an interpretation that will defeat its own purpose, if it will admit of any other reasonable construction. ”

“ Why, if a case be so clear, so free from doubt, that no man, no attorney, barrister, or judge, ever entertained any scruple concerning it—if the rule have been uniformly acted upon and constantly recognised, is it to be said, that because there is no express decision it is not to be considered law? ”

“ We are aware that the propriety of this doctrine has been questioned by some writers; but if repeated judicial decisions for more than a century are to be received as the best exposition of what the law is, the question will not admit of argument. ”

“ But although a particular and a rare case may not, in itself, be of sufficient magnitude to induce a rule, yet it must be governed by the rule, when established, unless some plain and strong reason for excluding it can be given. ”

“ In cases where the existence of facts has been first disputed by one of the parties, and afterwards established as in a special verdict, the consideration of these facts, blended with the law, is left to the court. ”

“ Under the responsibility of reputations as precious to them as those of the highest court, and under the sanction of an oath, they arrive at conclusions, and present their reasons for such conclusions, which form one, not the exclusive, element for a court and jury to arrive at a just judgment. ”

“ But waiving this point, if the proceedings are not absolutely void, the judgment is conclusive, and if they are void, the remedy for persons not before the court as a party is not by writ of error, but by suit for his property. ”

“ Now that a judgment in a suit between two parties is conclusive in any other suit between them, or their privies, of every matter that was decided therein, and that was essential to the decision made, is a doctrine too familiar to need citation of authorities in its support. ”

“ These adjudications, it is claimed, constitute the law of this case, and should be followed, as of obligation, without reference to the time when they were made, or to any opinion we may entertain as to the soundness of the principles announced. ”