Succeeding(a) Synonyms include case in point, common law, and case law. Case law, common law, and precedent (noun) are all synonyms.
Precedent means "that which serves as a guide" or "an example to be followed." When a court accepts a case as being similar enough to allow it to be used as guidance on how to resolve an issue before it, that case becomes precedent. Precedents can also be called upon by a court when it needs to determine what role, if any, certain events played in past cases.
Thus, precedent is something that helps courts in deciding future cases; it isn't changed simply because one or more judges feel like it can't work any other way. Changing precedent is usually not done except under special circumstances, such as when a court finds a previous decision was based on a mistake made by one of the judges involved.
In American jurisprudence, precedent plays an important role in the judicial system. Lower courts must follow decisions made by higher courts in the same jurisdiction, because they know that if the first court gets something wrong, someone will take them to court and ask them to do it again. This prevents lower courts from creating their own rules about what should happen in different situations.
(civil law) is a body of law that has developed as a result of previous court rulings. Obtaining success (a) Synonyms include case in point, common law, and case law. (b) An exception was made for the Louisiana Purchase Act, which was not ruled on by any other state so it is not binding law.
In (United States) federal law, this term refers to cases that have established a rule of decision for a particular issue arising within the context of a case. Precedent does not apply to administrative agencies or to the courts themselves; they can decide any case directly without being bound by its resolution of another case with similar facts. Precedents do bind other courts involved in future cases with the same parties and issues involved in the precedent case. Administrative agency decisions are usually not precedents because they are not intended to establish rules for other cases. Rather, they are meant to explain the thinking of the agency involved.
In (India), law is considered to be a system that exists only when there are people who understand it enough to use it as a guide for their actions. Therefore, precedent is important since it helps people understand how laws work and what role they can play in creating a fair society. Without precedents, there would be no way to know whether a certain action was illegal or not.
This page contains 31 synonyms, antonyms, idiomatic phrases, and related terms for precedent, including decision, model, antecedent, exemplar, pattern, criteria, instance, rule, authoritative example, example, and preceding. In law, a precedent is a legal authority that shows how to interpret a statute or rule.
When used as nouns, case law refers to law produced by judges through court judgments and opinions, as opposed to laws and other forms of legislation, whereas precedent refers to a prior conduct that may be used as an example to help decide the outcome of comparable cases in the future. Case law can also include administrative law, statutory law, and foreign law.
In general, case law is found in judicial decisions while precedent is found in rules of decision made by courts or other legal authorities. However, case law can also include material published by courts not intended as binding authority, such as dissenting opinions, as well as materials published by lower courts which are relied upon by higher courts in their rulings. Precedent, on the other hand, can only refer to decisions of higher courts.
Precedent is often considered the most important factor in determining how a court will rule on an issue before it. Courts look to previous cases for guidance on issues like jurisdiction, cause of action, remedies, and standards of review. Judges often cite previous cases where the same issue has been presented to help them make decisions more quickly and easily.
Case law and precedent are not the same thing, but they are closely related. Case law is actually just one type of precedent—judicial precedent. As the name implies, case law is the body of law created by courts through judgments and opinions.
This page contains 14 synonyms, antonyms, idiomatic phrases, and related words for jurisprudence, including: law, constitution, legal philosophy, constitutional law, statute, Roman law, moral-philosophy, substantive law, civil law, medical-ethics, and political philosophy.
Although the notion of precedent is viewed as a constraint on the English legal system, there are methods to escape strict adherence of precedent. Precedent can be avoided in three ways: distinguishing, overruling, and reversing. Distinguishing precedents involves using facts that are not very similar to the case at hand to reach a different result. Overruling precedents means rejecting the idea that previous cases should control future decisions. Reversing precedents means changing existing rules because they were decided wrongly.
A precedent is a concept or rule set in a previous legal case that is either binding or persuasive on a court or other tribunal when considering later cases with comparable questions or circumstances without going to court. Thus, when lawyers or judges say that they will follow the "precedent" of a previous case, they mean that they will do so unless there are good reasons not to.
In general, people use the term "precedent" when referring to how other courts have decided similar issues, and they use the word "respect" when talking about how others' decisions should influence their own decision-making. In many ways, precedent is the heart of the judicial system because it allows for consistency and stability in the law. When courts can rely on previous cases to make future rulings, parties can plan their actions based on what they know the law to be without worrying about changing standards from judge to judge or even from year to year.
When courts don't follow precedent, both parties are at fault because they didn't do their research or ask the court for an explanation. This can cause problems if other courts start ignoring the first court's decision because they think it was wrong rather than trying to understand why it was decided the way it was. Also, parties may feel like they're being taken advantage of by the court if they don't know why their case was rejected or ignored.
The term comes from the Latin praecursor, meaning "one who goes before," and refers to someone who sets an example or provides guidance for others to follow.
When used by courts, the word assumes special significance because courts often describe their decisions as following or being controlled by existing cases. Such descriptions are usually based on a combination of factors including, but not limited to, logic, reason, policy, practice, prior results, and convenience. They serve to give direction to lawyers and judges dealing with a large number of issues in which there is no single right answer.
In North America, the term "precedent" is also used to describe any decision by a court of law that determines future action or litigation on a matter that has not been resolved by the court. This usage differs from the common law use of the term, which describes only those decisions that determine future action on matters that have been resolved by other courts.
In England and Wales, it is customary for judges to refer to previous cases when delivering judgments, especially if there is a large volume of work to be done.