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Definition of precedent - 10 dictionary results

prec⋅e⋅dent

[n. pres-i-duhnt; adj. pri-seed-nt, pres-i-duhnt]
–noun
1. Law. a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
2. any act, decision, or case that serves as a guide or justification for subsequent situations.
–adjective precedent
3. preceding; anterior.

Origin:
1350–1400; (adj.) ME < L praecēdent- (s. of praecēdēns) prp. of praecēdere to go before, precede (see -ent ); (n.) late ME, deriv. of the adj.


prec⋅e⋅dent⋅less, adjective


2. example, model, pattern, standard.
prec·e·dent   (prěs'ĭ-dənt)   
n.  
    1. An act or instance that may be used as an example in dealing with subsequent similar instances.
    2. Law A judicial decision that may be used as a standard in subsequent similar cases: a landmark decision that set a legal precedent.
  1. Convention or custom arising from long practice: The President followed historical precedent in forming the Cabinet.
adj.   (prĭ-sēd'nt, prěs'ĭ-dənt)
Preceding.

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

Precedent

Pre*ced"ent\, a. [L. praecedens, -entis, p. pr. of praecedere: cf. F. pr['e]c['e]dent. See Precede.] Going before; anterior; preceding; antecedent; as, precedent services. --Shak. "A precedent injury." --Bacon.

Condition precedent (Law), a condition which precede the vesting of an estate, or the accruing of a right.

Precedent

Prec"e*dent\, n. 1. Something done or said that may serve as an example to authorize a subsequent act of the same kind; an authoritative example.

Examples for cases can but direct as precedents only. --Hooker.

2. A preceding circumstance or condition; an antecedent; hence, a prognostic; a token; a sign. [Obs.]

3. A rough draught of a writing which precedes a finished copy. [Obs.] --Shak.

4. (Law) A judicial decision which serves as a rule for future determinations in similar or analogous cases; an authority to be followed in courts of justice; forms of proceeding to be followed in similar cases. --Wharton.

Syn: Example; antecedent.

Usage: Precedent, Example. An example in a similar case which may serve as a rule or guide, but has no authority out of itself. A precedent is something which comes down to us from the past with the sanction of usage and of common consent. We quote examples in literature, and precedents in law.
Language Translation for : precedent
Spanish: precedente,
German: der Präzedenzfall,
Japanese: 先例

precedent [(press-uh-duhnt)]

A previous ruling by a court that influences subsequent decisions in cases with similar issues.


precedent  (n.)
1427, "case which may be taken as a rule in similar cases," from M.Fr. precedent, from L. præcedentum (nom. præcedens), prp. of præcedere "go before" (see precede). Meaning "thing or person that goes before another" is attested from 1433.

Main Entry: pre·ce·dent
Pronunciation: pri-'sEd-&nt, 'pre-s&d-
Function: adjective
Etymology: Middle French, from Latin praecedent- praecedens, present participle of praecedere to go ahead of, come before
: prior in time, order, arrangement, or significance —see also condition precedent at CONDITION —compare SUBSEQUENT

Main Entry: prec·e·dent
Pronunciation: 'pre-s&d-&nt
Function: noun
: a judicial decision that should be followed by a judge when deciding a later similar case —see also STARE DECISIS —compare DICTUM
NOTE: To serve as precedent for a pending case, a prior decision must have a similar question of law and factual situation. If the precedent is from the same or a superior jurisdiction (as the state's supreme court), it is binding upon the court and must be followed; if the precedent is from another jurisdiction (as another state's supreme court), it is considered only persuasive. Precedents may be overruled esp. by the same court that originally rendered the decision.

precedent

see set a precedent.

precedent

in law, a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case or point of law in the same manner. Common law and equity, as found in English and American legal systems, rely strongly on the body of established precedents, although in the original development of equity the court theoretically had freedom from precedent. At the end of the 19th century, the principle of stare decisis (Latin: "let the decision stand") became rigidly accepted in England. In the United States the principle of precedent is strong, though higher courts-particularly the Supreme Court of the United States-may review and overturn earlier precedents.

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