precedent

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Related to binding precedents: precedent, Stare decisis, Legal precedent, Persuasive precedent

prec·e·dent

 (prĕs′ĭ-dənt)
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 is binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts.
2. Convention or custom arising from long practice: The president followed historical precedent in forming the Cabinet.
adj. (prĭ-sēd′nt, prĕs′ĭ-dənt)
Preceding.

[Middle English, from Old French, from Latin praecēdēns, praecēdent-, present participle of praecēdere, to go before; see precede.]

precedent

n
1. (Law) law a judicial decision that serves as an authority for deciding a later case
2. an example or instance used to justify later similar occurrences
adj
preceding

prec•e•dent

(n. ˈprɛs ɪ dənt; adj. prɪˈsid nt, ˈprɛs ɪ dənt)

n.
1. an act or instance that may serve as an example or justification for subsequent situations.
2. a legal decision serving as an authoritative rule or pattern in similar cases that follow.
3. established practice; custom: to break with precedent.
adj.
4. preceding; prior.
pre•ce•dent
[1350–1400; Middle English < Latin praecēdent- (s. of praecēdēns), present participle of praecēdere to go before, precede (see -ent)]
prec`e•den′tial (-ˈdɛn ʃəl) adj.

precedent

A decision made by a court that is taken as authorization or a standard in a subsequent case.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.precedent - an example that is used to justify similar occurrences at a later time
example, instance, illustration, representative - an item of information that is typical of a class or group; "this patient provides a typical example of the syndrome"; "there is an example on page 10"
2.precedent - (civil law) a law established by following earlier judicial decisionsprecedent - (civil law) a law established by following earlier judicial decisions
service - (law) the acts performed by an English feudal tenant for the benefit of his lord which formed the consideration for the property granted to him
civil law - the body of laws established by a state or nation for its own regulation
3.precedent - a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
4.precedent - a subject mentioned earlier (preceding in time)
subject, theme, topic - the subject matter of a conversation or discussion; "he didn't want to discuss that subject"; "it was a very sensitive topic"; "his letters were always on the theme of love"
Adj.1.precedent - preceding in time, order, or significance
preceding - existing or coming before

precedent

noun instance, example, authority, standard, model, pattern, criterion, prototype, paradigm, antecedent, exemplar, previous example The trial could set an important precedent for similar cases.

precedent

noun
A closely similar case in existence or in the past:
adjective
Translations
سابِقَه
precedens
præcedens
ennakkotapaus
precedens
fordæmi
先例判例
사례
precedens
precedens

precedent

[ˈpresɪdənt] Nprecedente m (also Jur)
according to precedentde acuerdo con los precedentes
against all precedentcontra todos los precedentes
without precedentsin precedentes
to break with precedentromper con todo precedente
to establish or set a precedent (for sth)sentar un precedente (para algo)

precedent

[ˈprɛsɪdənt] nprécédent m
precedent for sth → précédent à qch
to establish a precedent → créer un précédent
to set a precedent → créer un précédent
without precedent → sans précédent

precedent

nPräzedenzfall m; (Jur also) → Präjudiz nt; according to precedentnach den bisherigen Fällen; against all the precedentsentgegen allen früheren Fällen; without precedentnoch nie da gewesen; to establish or create or set a precedenteinen Präzedenzfall schaffen; to break with precedentdem Präzedenzfall nicht mehr folgen; is there any precedent for this?ist der Fall schon einmal da gewesen?; there is no precedent for this decisiondiese Entscheidung kann sich nicht an einem vergleichbaren Fall ausrichten

precedent

[ˈprɛsɪdnt] n (also) (Law) → precedente m
without precedent → senza precedenti
to establish or set a precedent → creare un precedente

precede

(priˈsiːd) verb
to go, happen etc before. She preceded him into the room.
precedence (ˈpresidəns) noun
(the right of) going before in order of importance etc. This matter is urgent and should be given precedence over others at the moment.
ˌprecedent (ˈpresidənt) noun
a past action, especially a legal decision, which may act as a guide or rule in the future.
preˈceding adjective
on the preceding page.
References in periodicals archive ?
Prior FIFRA arbitrations only provide guidance as to how some arbitrators have resolved the issue of cost sharing in a given data compensation dispute and do not serve as binding precedents.
48) Professor Martha Dragich Pearson argues that the internal court rules drawing a clear line between "precedential" and "non-precedential" opinions, "as if precedent were an all-or-nothing proposition," lack a "nuanced understanding of precedent," because "the ability to draw compelling analogies to non-binding precedents, or to distinguish away apparently binding precedents, is the hallmark of the lawyer s art.
Alito, who as a circuit judge chaired the Advisory Committee on Appellate Rules, explained then that the Rule does not take a position on "whether refusing to treat an unpublished opinion of a federal court as binding precedent is constitutional," nor does it require the federal circuits to assign a particular value to the circuit's own unpublished opinions, or to set criteria that appellate panels must weigh in determining whether to assign precedential value to a particular opinion.
159) The question of binding precedents with regard to the Velazquez test is still unclear.
Given these two serious problems with the statute, it is debatable whether any constitutional and practically workable statute can prevent the citation of written determinations as binding precedents while allowing their citation as non-binding precedents.
Thus, the Supreme Court's unquestionably binding precedents clearly establish that higher court decisions are stare decisis on lower courts.
May they be regarded as "precedents," possibly even binding precedents, or only as "persuasive" authority?
Judge Arnold finds from his examination of eighteenth-century sources that "[t]he Framers thought that, under the Constitution, judicial decisions would become binding precedents in subsequent cases.