Based on the Random House Dictionary, © Random House, Inc. 2009.
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Copyright © 2009 by Houghton Mifflin Company.
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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.Cite This Source
precedent [(press-uh-duhnt)]
A previous ruling by a court that influences subsequent decisions in cases with similar issues.
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precedent (n.)
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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.
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precedent
see set a precedent.
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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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