Quick Answer: What does precedent mean?

What does precedent mean in simple terms?

Noun. A precedent is something that precedes, or comes before. The Supreme Court relies on precedents—that is, earlier laws or decisions that provide some example or rule to guide them in the case they’re actually deciding.

What is a precedent example?

The definition of precedent is a decision that is the basis or reason for future decisions. An example of precedent is the legal decision in Brown v. Board of Education guiding future laws about desegregation.

What does precedent mean in law?

Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. If the facts or issues of a case differ from those in a previous case, the previous case cannot be precedent.

What is another word for precedent?

In this page you can discover 31 synonyms, antonyms, idiomatic expressions, and related words for precedent, like: model, antecedent, exemplar, pattern, criterion, decision, instance, ruling, authoritative example, example and custom.

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Why is precedent so important?

Each court decision is supposed to be based on an earlier decision, which is called “precedent.” To show that your constitutional rights have been violated, you point to good court decisions in earlier cases and describe how the facts in those cases are similar to the facts in your case.

How do you use the word precedent?

Precedent sentence example

  1. She was setting a precedent for the future.
  2. Preventing violent crimes and crimes against the weak usually take precedent over fraud and economic crimes.
  3. He set the precedent in the history of art.

What is an original precedent?

An original precedent is where a judge must come to a decision without following a previous decision, as the facts in the case have not come before a court before. A binding precedent is where a future judge in a lower court must follow the decision of a previous judge in a higher court, if the case facts are similar.

What is not a precedent?

When something contradicts an established precedent or prevailing custom or practice, it is said to “break with precedent” or “go against precedent.” Another common collocation is “without precedent” in reference to something not supported by a prior example or ruling.

What is the opposite of precedent?

Antonyms: succeeding(a) Synonyms: case in point, common law, case law. common law, case law, precedent(noun)

What are the types of precedent?

Types of Judicial Precedent

  • Declaratory and Original Precedents. As John William Salmon explained, a declaratory precedent is one where there is only application of an already existing rule in a legal matter.
  • Persuasive Precedents.
  • Absolutely Authoritative Precedents.
  • Conditionally Authoritative Precedents.
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What is the difference between common law and precedent?

A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases. Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at hand.

What is the role of precedent in court cases?

The Importance of Precedent. In a common law system, judges are obliged to make their rulings as consistent as reasonably possible with previous judicial decisions on the same subject. Each case decided by a common law court becomes a precedent, or guideline, for subsequent decisions involving similar disputes.

What is an exemplar?

: one that serves as a model or example: such as. a: an ideal model. b: a typical or standard specimen an exemplar of medieval architecture. c: a copy of a book or writing.

Is Criterion a word?

One is criterion, a word whose Greek plural is very much alive: criteria.

What is another word for example?

Some common synonyms of example are case, illustration, instance, sample, and specimen. While all these words mean “something that exhibits distinguishing characteristics in its category,” example applies to a typical, representative, or illustrative instance or case.

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