Precedent
Legal Definition and Related Resources of Precedent
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Precedent
A judgment or decision of a court of law considered as an authority for deciding a similar state of facts in the same manner or on the same principles, or by analogy. under the doctrine of stare decisis , decided cases which lay down a rule of law are authoritative and must be followed. In the absence of such a principle, judges will be at liberty to decide each case as they think right; such a liberty would only result in a completely uncertain law in which no citizen would know his rights or liabilities until he knew before what judge his case would come. See Hertz v Woodman, 218 U.S. 205, 30 S. Ct. 621, 54 L.Ed. 1001. A subordinate court is bound by the decision of a superior court. The prior decisions of the same court are generally binding on same. However, courts have frequently departed from their prior decisions for various reasons. The criteria for a deviation from an earlier decision is that such a deviation is necessary to achieve justice. Humthlett, v Reeves, 211 Ga. 210, 85 S. E.2d 25, In conveyancing, a precedent is a copy of an instrument used as a guide in preparing another instrument of a similar description.
Precedent Legal Definition
A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases.
United States Constitutional Meaning of Precedent
A past decision, resolving issues of law, which is relied on in the decision of later cases.
Synonyms of Precedent
noun
archetype
authoritative example
authoritative ru authority
authortative decision
authortative prin: _ of law
basis
criterion
example
exemplum
frame of reference
guide
judicial antecedent
juscication
maxim
model
model instance
preceding instance
precept
precurpredecessor
prior instance
rule
rule for futurt determinations
rule for future guidance
standar: Associated Concepts: collateral estoppel
cond: precedent
controlling authority
precedent sub lentio
res judicata
stare decisis
Related Entries of Precedent in the Lawi Project
Browse or run a search for Precedent in the legal resources (including dictionaries and American law definitions), the Asian legal platform, the European law platform, the British legal resources or the Latin American and Spanish platform and publications (Lawi) about law in the world.
Precedent in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Precedent in historical law and the evolution of legal systems (study).
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Precedent in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Authority, Closed Shop, Condition, Entire Contract, , Law Of The Case, Preliminary, Remainderman, Restraint Of Marriage, Stare Decisis.
Precedent in other One-L Dictionary
A decided case that furnishes a basis for determining later cases involving similar facts or issues. Precedent is a binding on the same court or on a lower court in the same jurisdiction. See also "stare decisis"
Precedent from the Washington and Lee University School of Law Dictionary.
Precedent in the One-L Dictionary
A judicial decision that a court should follow when deciding a similar case. To serve as a precedent for a current case, a prior decision must have a similar legal issue and a similar factual scenario. Our common law system is based upon precedent as courts seek to decide current cases on the basis of legal principles established in prior similar or analogous cases.
Note: This Precedent definition in the One-L Dictionary for new law students is from Harvard Law School (HLS).
Translate Precedent from English to Spanish
Translation of Precedent , with examples. More about free online translation into Spanish of Precedente (translation provided by Hoague Cabanellas and Varo Hughes) and other legal terms is available here.
Precedente (translation provided by Hoague Cabanellas and Varo Hughes)
Precedente judicial (translation provided by Hoague Cabanellas)
Precedente jurisprudencial(translation provided by Hoague Cabanellas)
See also
Binding Precedent in the American legal Encyclopedia
Precedent in the law of the United States
Precedent: Related U.S. Resources
See Also
Common Law (Judicial Function) obiterdictum, 276 Ratio Decidendi (Judicial Function) Stare Decisis (Judicial Function), 34.
Resources
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See Also
Case Law; Court Opinion.
Precedent in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of precedent.
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Law Enforcement Officer
Police
Law Enforcement Agency
Further Reading
Definition of Precedent
A prior reported judgment of a court which establishes the legal rule (authority) for future cases on similar facts or the same legal question. It is also a legal principle or rule created by one or more decisions of a higher court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts are bound to apply these rules when faced with similar legal issues.
Precedent Meaning in the U.S. Court System
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges—following the common-law tradition—will generally "follow precedent." They use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case. Lower courts must follow precedents set by the decisions of higher courts.
Meaning of Precedent in the U.S. Legal System
Definition of Precedent published by the National Association for Court Management: A previously decided case that guides the decision of future cases.
Precedent (Judicial Function)
Precedent
Precedent