Legal Dictionary
Main Entry:
prec·e·dentPronunciation:
'pre-s&d-&ntFunction:
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.