Legal Doctrine
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A Legal Doctrine is a Procedural Law that is a principle or framework of law that guides judicial decision-making and the interpretation of laws.
- AKA: Principle of Law.
- Example(s):
- Counter-Example(s):
- See: Case Law, Statutory Interpretation, Common Law, de Facto, Procedural Law, Test (Law), Precedent, Common Law, Legal Case, Case Law, Pacta Sunt Servanda.
References
2023a
- (GM-RKB ChatGPT, 2023) ⇒ Summarize the concept Legal Doctrine in 1- 2 paragraphs, promt.GM-RKB ChatGPT (model: gpt-4-1106-preview) Retrieved: 2023-12-24.
- QUOTE: A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a legal case. It shapes the way in which a court or a judge analyzes allegations and sets forth the basis for deciding cases. These doctrines are foundational for ensuring that similar cases have similar outcomes, promoting consistency and fairness in the legal system. They can cover a wide array of areas such as contract law, property law, criminal law, and more.
Legal doctrines arise from statutes, case law, and constitution provisions. Over time, they evolve due to new interpretations, rulings, and societal changes. A well-known example of a legal doctrine is the doctrine of "stare decisis", which means that courts should adhere to precedents and not disturb settled matters. Another example is the "doctrine of res judicata", which prevents the same issues between the same parties from being relitigated. These doctrines help create a cohesive and predictable legal system.
- QUOTE: A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a legal case. It shapes the way in which a court or a judge analyzes allegations and sets forth the basis for deciding cases. These doctrines are foundational for ensuring that similar cases have similar outcomes, promoting consistency and fairness in the legal system. They can cover a wide array of areas such as contract law, property law, criminal law, and more.
2023b
- (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/Legal_doctrine Retrieved:2023-8-21.
- A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the de facto method of deciding like situations.