Define: Arrêt

An arrêt is a French term used in civil law systems to refer to a judicial decision or judgment rendered by a higher court, such as a court of appeals or supreme court.

While both terms refer to legal decisions, an arrêt specifically pertains to decisions made by higher courts, whereas a judgment can be issued by any court.

In most cases, an arrêt can be appealed to a higher court. However, the availability of an appeal may vary depending on the jurisdiction and the specific circumstances of the case.

An arrêt can establish legal precedent, which means that it sets a binding legal rule or principle that must be followed by lower courts in similar cases. This helps ensure consistency and predictability in the legal system.

An arrêt is a specific judicial decision, whereas a precedent refers to the legal rule or principle established by that decision. Multiple arrêts can contribute to the development of a precedent.

Yes, an arrêt can be overturned or reversed by a higher court if it is found to be incorrect or in violation of the law. This is often done through an appeal or a process called “cassation.”

While the term “arrêt” originated in civil law systems, similar concepts exist in common law jurisdictions, such as appellate court decisions or judgments. However, the terminology and procedures may differ.

Arrêts are typically published in official legal journals or databases, making them accessible to legal professionals, scholars, and the general public. They can also be found in law libraries or online legal research platforms.

Yes, arrêts from other jurisdictions can be used as persuasive authority in legal arguments. However, their weight and influence may vary depending on the jurisdiction and the specific circumstances of the case.

While arrêts can provide valuable insights into legal principles and interpretations, they should not be considered as a substitute for professional legal advice. It is always recommended to consult with a qualified attorney for specific legal guidance.