Commanding precedent
Encyclopedia
In law, a commanding precedent is a precedent
whose facts are "on all fours" with the case at hand. In other words, it almost exactly tracks it, sharing near-identical facts and issues. A commanding precedent is also referred to as a "Goose" case in Louisiana
; "Spotted Horse" or "Spotted Dog" cases in Alabama
; "Cow" case in Kansas
; and "White Horse" or "White Pony" cases in Texas
. A legal rule can be "clearly established" without commanding precedent existing. For example, in the United States, a governmental official is generally protected by qualified immunity
if his acts were objectively legally reasonable, but such protection may not apply if, in light of pre-existing law, the unlawfulness of his conduct would have been apparent to a reasonably competent official, even if no commanding precedent applicable to his specific behavior existed.
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
whose facts are "on all fours" with the case at hand. In other words, it almost exactly tracks it, sharing near-identical facts and issues. A commanding precedent is also referred to as a "Goose" case in Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
; "Spotted Horse" or "Spotted Dog" cases in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
; "Cow" case in Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
; and "White Horse" or "White Pony" cases in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. A legal rule can be "clearly established" without commanding precedent existing. For example, in the United States, a governmental official is generally protected by qualified immunity
Qualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 . Qualified immunity shields government officials from liability for the...
if his acts were objectively legally reasonable, but such protection may not apply if, in light of pre-existing law, the unlawfulness of his conduct would have been apparent to a reasonably competent official, even if no commanding precedent applicable to his specific behavior existed.