Deception

1. In the sense of a false representation to induce credit or confidence, see' Deceit; Estoppel; Fraud, Actual. 2. In the sense of stratagem to discover crime, see Communication, Privileged, 1; Decoy. 1 Cox V. Highley, 100 Pa. 249, 353 (18S3). See also 1 Chitty, Pr. 833; Bigelow, Torts, 9; Cooley, Torts. 2 Clark V. Edgar,.13 Mo. Ap. 352 (1883). 3 Arthur V. Wheeler & Wilson Manuf. Co., 13 Mo. Ap,.940 (1883). DECISION". The result of the deliberations of one or more persons, oificial or unofficial; the jvidicial determination of a question. Somewhat more abstract or more extensive than "judgment" or "decree," ' gq. o. The "decision" of a court is its judgment; its " opinion " is the reason given therefor. The former is recorded upon its rendition, and can be changed only through an application to the court. The latter is the property of the judges, subject to modification, until transcribed in the records.* Decide. Includes the power and right to deliberate, to vreigh the reasons for and against, to see which preponderate, and to be governed by that preponderance.' Judicial decision. The determination of a court, in a cause. Extra-judicial decision. A determination beyond the limits of authority; a ruling which transcends jurisdiction. A decision determines no more than what is necessary to the case in hand, — does not go beyond the limits of what is required by the, exigencies of the case. * At most, decisions are only evidence of what the laws are, and are not of themselves laws. They are often re-examined, reversed, and qualified by the courts themselves, wljenever found to be defective, ill-founded, or otherwise incorrect. The laws of a State are understood to mean the rules and enactments promulgated by the lemglative authority thereof, or long established local customs having the force of law.= Decision, rules of. The laws of the several States, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply. 6 This embraces the statute and common law of a State, including statutes relating to the law of evidence in civil cases at common law.' In criminal cases the laws of the State in existence in September 3J, 1789, are the rules of decision.' 1 See Abbott, Law Diet.; 26 Moak, 449; 55 Vt. 583. = [Houston V. Williams, 13 Cal. 27 (1859), Field, J. > Commonwealth v. Anthes, 5 Gray, 263 (1855). See 43 Md. 629; 16 Moak, 86. *Hauenstein v. Lynham, 100 U. S. 490 (1879); Trade- Mark Oases, ib. 96 (1879); Wright v. Nagle, 101 id. 796 (1879); State u Baughman, 38 Ohio St. 469 (1882); 10 Oreg. 114. » Swift V. Tyson, 16 Pet. 18 (1842), Story, J.; Nat. Bank of the Republic v. Brooklyn City, &o. E. Co, 102 U S 39 (1880); 1 Bl. Com. 69. •E. S. § 721: Act 24 Sept. 1789, § 34. Kules of State practice acted upon by the Federal courts, as oblisatory upon them, are also included — they have the efficacy of rules adopted by express order of those tfourts.^ Not included are decisions upon general principles of law, for the reasons already given," The provision does not apply to proceedings in equity, or in admiralty, or to criminal offenses against the United States. The Federal com-ts follow the decisions of the highest court of a State on questions which concern merely the constitution or laws of that State; also, a course of those decisions, whether founded on statutes or not, which has become a rule of property within the State; also in regard to rules of evidence in actions fit law; also in reference to the common law of the State, and its laws and customs of a local character when established by repeated decL"*lons.^ See Co Mrrv, Judicial;.Procedtjre. English decisions. See at end of Statute, 2. Ctompare Decisum. See Comity, Judicial; Dictum, 2; Impair; Opinion, 1 (2); Report, 1(2).