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In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts.

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Wikipedia about precedent

In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts.

Description

The precedent on an issue is the collective body of judicially announced principles that a court should consider when interpreting the law. When a precedent establishes an important legal principle, or represents new or changed law on a particular issue, that precedent is often known as a landmark decision.

Precedent is central to legal analysis and rulings in countries that follow common law like the United Kingdom and Canada (except Quebec). In some systems precedent is not binding but is taken into account by the courts.

Binding precedent

main: Binding precedent

Precedent that must be applied or followed is known as binding precedent (alternately mandatory precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In the United States state and federal courts, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court, and all regional courts fall under a supreme court. By definition decisions of lower courts are not binding on each other or any courts higher in the system, nor are appeals court decisions binding on each other or on local courts that fall under a different appeals court. Further, courts must follow their own proclamations of law made earlier on other cases, and honor rulings made by other courts in disputes among the parties before them pertaining to the same pattern of facts or events, unless they have a strong reason to change these rulings.

One law professor has described mandatory precedent as follows:

Given a determination as to the governing jurisdiction, a court is "bound" to follow a precedent of that jurisdiction only if it is directly in point. In the strongest sense, "directly in point" means that: (1) the question resolved in the precedent case is the same as the question to be resolved in the pending case, (2) resolution of that question was necessary to disposition of the precedent case; (3) the significant facts of the precedent case are also present in the pending case, and (4) no additional facts appear in the pending case that might be treated as significant.

In extraordinary circumstances a higher court may overturn or overrule mandatory precedent, but will often attempt to distinguish the precedent before overturning it, thereby limiting the scope of the precedent in any event.

Search results for Precedent

Precedent definition |Dictionary.com

Definition of Precedent at Dictionary.com with free audio pronunciation. ... precedent court cases. english law judicial precedent ...dictionary.reference.com/browse/Precedent?jss=0

CUIAB - Precedent Decisions

P-W Precedent Work Incentive Program Decisions ... Numerical Conversion Table - CUIAB Board Decisions elevated to precedent decisions ...www.cuiab.ca.gov/precedent_decisions.shtm

precedent - Definition from the Merriam-Webster Online Dictionary

Definition of precedent from the Merriam-Webster Online Dictionary with audio pronunciations, thesaurus, Word of the Day, and word games.www.merriam-webster.com/dictionary/precedent

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News about Precedent

Hastings refuses to budge, votes no on bailout

Yakima Herald-RepublicYAKIMA -- U.S. Rep. Doc Hastings stuck to his guns today, voting a second time this week against a massive bailout of the financial services industry that he believes sets a dangerous precedent for federal government intrusion into private markets.http://www.yakimaherald.com/stories/2008/10/03/hastings-refu...

Bounty Hunters Look for Spammers

IT WorldA precedent has now been set in South Africa. Repeat spam offenders are now on notice. Spammers now have a price on their heads and their names on a Wall of Shame. It would be nice, if this was a sign of things to come for other countries to place bounties on spammers.http://www.itworld.com/security/55621/bounty-hunters-look-sp...

Recognizing the Gossard Girls

WLUC MarquetteOne group of ladies set a precedent for the future. Friday, October 03, 2008 at 9:50 a.m. MARQUETTE COUNTY -- In an era when many women stayed home and didn't have much in the way of rights, one group of ladies set a precedent for the future, and now they're being recognized for it.http://www.wluctv6.com/news/story.aspx?id=201370

Ethics Counsel Testimony Is Sought in Currie Probe

Washington PostAs part of an ongoing probe of Sen. Ulysses Currie, federal prosecutors are seeking to force the lawyer who gives ethics advice to the Maryland General Assembly to testify before a grand jury, a move that state lawyers have vigorously resisted as a breach of attorney-client privilege. http://www.washingtonpost.com/wp-dyn/content/article/2008/10...

UI professor seeks to overturn ruling

The Iowa City Press-CitizenA University of Iowa law professor is part of a team asking the U.S. Supreme Court to overturn a privacy rights precedent when the court convenes for its new term next week.http://www.press-citizen.com/apps/pbcs.dll/article?AID=/2008...

News about Precedent

ANALYSTS VIEW: Analyst reaction to European bank plan

Reuters ... interbank lending -- some confusion on this in the press conference -- but markets should realize that funding and recapitalization will eliminate counterparty risk; (2) there will be some fear of "accidents" at cabinet meetings, after the precedent ... http://www.reuters.com/article/americasDealsNews/idUSTRE49B3...

Brown urging Europe to follow lead

Crewe GuardianHowever, Sunday's gathering of eurozone members in Paris was hastily arranged by French President Nicolas Sarkozy after a disastrous week on financial markets. In a break with precedent, Mr Brown has been invited despite the UK not being part of the ... http://www.creweguardian.co.uk/uk_national_news/3750022.Brow...

Chicago officer welcomed home

Fort Mill TimesBill Dougherty, vice president of Fraternal Order of Police Lodge No. 7, said he didn't know of a precedent to Mette's situation. Mette may have to do some retraining at the police academy, but after that nothing should keep him from stepping back ... http://www.fortmilltimes.com/124/story/321277.html

Financial bailout sets a bad precedent

Kentucky New EraI like most Americans am unable to wrap my brain around things numbered in the billions. But when I see $700 followed by nine big 0s, I know we’re talking about real money. It’s the $700 billion the federal government plans to spend to bail out ... http://www.kentuckynewera.com/articles/2008/10/05/opinion/fr...

Afraid of setting precedent, IDF delays letting woman visit father's ...

Haaretz.comA Kafr Kana woman's request to visit her father's grave, which is now inside a closed military facility, is being delayed because the defense establishment is worried about setting a precedent, Haaretz found in an inquiry. In June, Haaretz published ... http://www.haaretz.com/hasen/spages/1026624.html

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precedent - Definition at Your Dictionary

noun prec ′ ·edent. an act, statement, legal decision, case, etc. that may serve as an example, reason, or justification for a later one; a practice based upon earlier ... http://www.yourdictionary.com/precedent

Precedent legal definition of Precedent. Precedent synonyms by the ...

A court decision that is cited as an example or analogy to resolve similar questions of law in later cases. The Anglo-American common-law tradition is built on the doctrine of ... http://legal-dictionary.thefreedictionary.com/precedent

precedent - definition of precedent by the Free Online Dictionary ...

prec·e·dent   (pr s-d nt) n. 1. a. An act or instance that may be used as an example in dealing with subsequent similar instances. b. Law A judicial decision that may be used as ... http://www.thefreedictionary.com/precedent

Precedent Solutions | Integrated Security & Risk Management

Precedent Solutions | Integrated Security & Risk Management ... Risk is a fact of life that can have negative or positive outcomes'. This assertion certainly applies to ... http://www.precedent-solutions.com/
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Videos found for Precedent

Ludwig van Beethoven: Another remin...

Ludwig van Beethoven: Another reminder of precedent...From the album Classics Explained: BEETHOVEN - Symphony No. 6, 'Pastoral' (Siepmann)MP3 - Video

D-Day: The American Way - An Histor...

D-Day: The American Way - An Historic PrecedentThe D Day invasion was a huge endeavor, moving an entire army across the English Channel to take enemy territory, but it was not without precedent. William the Conqueror did the...Windows Media - Video

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ComPAIRables! X23 Anna Nicole Smith case Judge, Larry Seidlin, takes on Mike Tyson in this week's comPAIRables! The game ComPAIRables, brought to you by Filmateria Studios, which compares two items...Flash - Video

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Partie 1 Les étoiles d''ARTE Mauva...

Partie 1 Les étoiles d''ARTE Mauvais Pas terrible Moyen Bien Excellent...D’Emmanuel Mouret (France, 2004, 1h20) Avec Veroushka Knoge, Isabelle Pires, Julien Imbert et Frédéric Niedermeyer Film sélectionné à Cannes (2004) - la Quinzaine des réalisateurs Un DVD PathÃ...realmedia: 2.8 MB w:240px - h:192px

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Partie 3 Les étoiles d''ARTE Mauva...

Partie 3 Les étoiles d''ARTE Mauvais Pas terrible Moyen Bien Excellent...D’Emmanuel Mouret (France, 2004, 1h20) Avec Veroushka Knoge, Isabelle Pires, Julien Imbert et Frédéric Niedermeyer Film sélectionné à Cannes (2004) - la Quinzaine des réalisateurs Un DVD PathÃ...realmedia: 2.8 MB w:240px - h:192px

NY Times: Chilling Conclusion

NY Times: Chilling ConclusionCBS News RAW: N.Y. Times Executive Editor Bill Keller told the press the incarceration of a reporter is a chilling conclusion to a case that sets a precedent about a journalist's rights.realmedia: 9.5 MB w:320px - h:240px

Answers for Precedent

da mayor

Is there a precedent to send Nick Hogan to jail now that it's found his friend is a vegatable for life?

da mayorNick Hogan is reportedly in serious condition, but the passenger in the car sustained more severe injuries. He is listed in critical condition. Hulk Hogan's son, Nick, was seriously injured in a ca...
Girly Q

How do I look up precedent set by the supreme court? case law? How could I find cases similar to mine where?

Girly QUsually the good internet case search tools cost a lot of money. That would be Westlaw and Lexis Nexis. You could try findlaw.com or loislaw.com
miller

Who gets to keep the rent? What laws and precedent decisions applies to this situation?

millerThe Supreme Court generally does not waste its time on trivial matters like this. (No offense, it's just not that tricky of a question!) Read your purchase agreement. It should say when the title (...
gonzoatc81

Any architectual examples that could be considered a historical precedent to the Great Pyramid of Giza?

gonzoatc81The first pyramid in ancient Egypt was the pyramid of Zoser (or Djoser) and it is probably the earliest pyramid known. Before that, in Egypt, graves were built in the form of Mastaba, a low building w...
richmack71

Is there a legal precedent for traffic camera tickets?

richmack71In Girard, Ohio, there were a ton of complaints about the intersection camera. I believe that one lawyer had it out with the Dept. of Transportation or something , he backed up a lot of people who had...

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