instance_of ultrahazardous activity
Common ___MASK68___ ( also known as case ___MASK68___ or precedent ) is ___MASK68___ developed by judges , courts , and similar tribunals , stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases . Common ___MASK68___ is a third branch of ___MASK68___ , in contrast to and on equal footing with statutes which are adopted through the legislative process , and regulations which are promulgated by the executive branch . In cases where the parties disagree on what the ___MASK68___ is , a common ___MASK68___ ___MASK50___ looks to past precedential decisions of relevant courts . If a similar dispute has been resolved in the past , the ___MASK50___ is usually bound to follow the reasoning used in the prior decision ( a principle known as " stare decisis "). If , however , the ___MASK50___ finds that the current dispute is fundamentally distinct from all previous cases ( called a " matter of first impression "), judges have the authority and duty to resolve the issue ( one party or the other has to win , and on disagreements of ___MASK68___ , judges make that decision ). Resolution of the issue in one case becomes precedent that binds future courts . " Stare decisis ", the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results , lies at the heart of all common ___MASK68___ systems . ___MASK47___ ___MASK68___ is the set of existing rulings which made new interpretations of ___MASK68___ and , therefore , can be cited as precedents . In some countries , such as the United States , the term is exclusively used for judicial decisions of selected appellate courts , courts of first instance , and other bodies discharging judicial functions . In other countries , such as most European countries , the term is applied to any set of rulings on ___MASK68___ which is guided by previous rulings , for example , " patent office case ___MASK68___ ". These interpretations are distinguished from statutory ___MASK68___ which are the statutes and codes enacted by legislative bodies ; regulatory ___MASK68___ which are regulations established by governmental agencies based on statutes ; and in some states , common ___MASK68___ which are the generally accepted laws carried to the colonies and former colonies of England ( USA , Australia , etc .). Trials and hearings which are not selected as ' courts of first impression ' do not have rulings that become case ___MASK68___ ; therefore , these rulings cannot be precedents for future ___MASK50___ decisions . A tort , in common ___MASK68___ jurisdictions , is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act , called a tortfeasor . Although crimes ___MASK46___ be torts , the cause of legal action is not necessarily a crime , as the harm ___MASK46___ be due to negligence which does not amount to criminal negligence . The victim of the harm can recover their loss as damages in a lawsuit . In order to prevail , the plaintiff in the lawsuit , commonly referred to as the injured party , must show that the actions or lack of action was the legally recognizable cause of the harm . The equivalent of tort in civil ___MASK68___ jurisdictions is delict . Delict ( from Latin " dlictum ", past participle of " dlinquere "  to be at fault , offend ) is a ___MASK84___ in civil ___MASK68___ jurisdictions for a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer ; however , its meaning varies from one jurisdiction to another . Other civil wrongs include breach of contract and breach of trust . Liability is imposed on the basis of moral responsibility , i . e . a duty of care or to act , and fault (" culpa ") is the main element of liability . The ___MASK84___ is used in mixed legal systems such as Scotland , South Africa , Louisiana and the Philippines , but " tort " is the equivalent ___MASK20___ used in common ___MASK68___ jurisdictions . A ___MASK77___ , generally , is any person or institution with authority to judge , adjudicate on , or determine claims or disputes  whether or not it is called a ___MASK77___ in its title . For example , an advocate who appears before a ___MASK50___ with a ___MASK72___ judge could describe that judge as ' their ___MASK77___ '. Many governmental bodies that are titled ' tribunals ' are so described to emphasize that they are not courts of normal jurisdiction . For example , the International Criminal Tribunal for Rwanda is a body specially constituted under international law ; in Great Britain , employment tribunals are bodies set up to hear specific employment disputes . Private judicial bodies are also often styled ' tribunals '. The word " ___MASK77___ " is not conclusive of a body ' s function . For example , in Great Britain , the Employment Appeal Tribunal is a superior ___MASK50___ of record . A judge presides over ___MASK50___ proceedings , either alone or as a part of a panel of judges . The powers , functions , method of appointment , discipline , and training of judges vary widely across different jurisdictions . The judge is supposed to conduct the trial impartially and in an open ___MASK50___ . The judge hears all the witnesses and any other evidence presented by the barristers of the case , assesses the credibility and arguments of the parties , and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment . In some jurisdictions , the judge ' s powers ___MASK46___ be shared with a jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . A ___MASK35___ is a formal written enactment of a legislative authority that governs a state , city or country . Typically , statutes command or prohibit something , or declare policy . Statutes are rules made by legislative bodies ; they are distinguished from case law or precedent , which is decided by courts , and regulations issued by government agencies . ___MASK35___ law is written by a government ' s legislative body and signed into law by its executive . An ultrahazardous activity in the common ___MASK68___ of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person , even if the person engaged in the activity took every reasonable precaution to prevent others from being injured . In the Restatement of the ___MASK68___ 2d , Torts 2d , the term has been abandoned in favor of the phrase `` inherently dangerous activity . '' In legal systems based on common ___MASK68___ , a precedent , or authority , is a principle or rule established in a previous legal case that is either binding on or persuasive for a ___MASK50___ or other tribunal when deciding subsequent cases with similar issues or facts . Common ___MASK68___ legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes , and observance of precedent is the mechanism by which that ___MASK99___ is attained . The principle by which judges are bound to precedents is known as stare decisis . Black ' s Law Dictionary defines " precedent " as a " rule of ___MASK68___ established for the first time by a ___MASK50___ for a particular type of case and thereafter referred to in deciding similar cases ." Common ___MASK68___ precedent is a third kind of ___MASK68___ , on equal footing with statutory ___MASK68___ ( statutes and codes enacted by legislative bodies ), and Delegated legislation ( in U . K . parlance ) or regulatory ___MASK68___ ( in U . S . parlance ) ( regulations promulgated by executive branch agencies ).