The definition of precedent is adecision 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?
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How is precedent used in law?
A precedent can be used in a decision of courts of justice when exactly in point with a case before the court is generally held. They have binding authority, as well to keep the scale of justice even and steady because the law, in that case, has been solemnly declared and determined.
When does a court have no precedents?
There are times, however, when a court has no precedents to rely on. In these cases of first impression, a court may have to draw analogies to other areas of the law to justify its decision. Once decided, this decision becomes precedential. Appellate courts typically create precedent.
What is persuasive precedent?
Also referred to as 鈥減ersuasive authority,鈥?persuasive precedent is a source of law that comes from prior decisions made by lower courts, courts of even authority, foreign courts, or non-critical statements made by a court during a judgment about hypothetical facts.
What is the correct way to pronounce precedent?
precedent. noun. prec鈥媏鈥媎ent | \ 藞pre-s蓹d-岬妌t. How to pronounce precedent (audio) \. Legal Definition of precedent (Entry 2 of 2) : a judicial decision that should be followed by a judge when deciding a later similar case 鈥?see also stare decisis 鈥?compare dictum. Note: To serve as precedent for a pending case, …