| 释义 |
on all fours with
Where the principles involved in two cases are deemed to be directly analogous, the later case is said to be “on all fours with” the earlier one. The notion of precedent then allows for the application of stare decisis—the maxim that, in the interests of consistency, like case should be decided in like manner. It is important to note that when jurists refer to a “like” case they do not mean that the facts are (necessarily) alike. What matters to the common lawyer is that the principle by which the earlier case was decided (the ratio decidendi) is applicable to the later case. Any similarity as to factual detail is incidental. |