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Ubi eadem ratio ibi idem jus, et de similibus idem est judicium

judicium (Co. Litt. 191a), where there is the same reason, there is the same right; and of things similar, the judgment is similar.

Ratio decidendi

case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when

precedent

subsequent [pre-səd-nt] n : a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum NOTE: To serve as precedent for a pending case, a prior

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Insurance

much to the same effect, and the (English) Life Assurance Act, 1774 (14 Geo. 3, c. 48), has similar enactments as to assurances on lives 'or on any other event or events whatsoever'; see these statutes and

Sameness

The state of being the same identity absence of difference near resemblance correspondence similarity as a sameness of person of manner of sound of appearance and the like

Cause of action estoppel

identical issues are raised, in which event, the latter proceedings between the same parties shall be dealt with similarly as was done in the previous proceedings. In such event the bar is absolute in relation to all

case

considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent

Inspection of written documents

judge and a jury (see also VIEW) have powers of inspection of such property or things. There are similar provisions in the County Court Rules.

infringement

involves use of one by the infringer that is the same as that of the owner or so similar that it is likely to deceive or to cause confusion or mistake on the part of the average

predecessor in interest

another is in privity ;specif : a party in a previously related civil case who was in a similar position and dealt with similar issues and facts as a party in the current case and so had

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