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pre·ce·dent 1 /pri-'sēd-ənt, 'pre-səd-/ adj [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 subsequentprec·e·dent 2 /'pre-səd-ənt/ n: a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum◇ 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.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
archetype, authoritative decision, authoritative example, authoritative principle of law, authoritative rule, authority, basis, criterion, example, exemplum, foundation, frame of reference, guide, judicial antecedent, justification, maxim, model, model instance, point of comparison, preceding instance, precept, precursor, predecessor, prior instance, rule, rule for future determinations, rule for future guidance, standard
associated concepts: collateral estoppel, condition precedent, controlling authority, precedent sub silentio, res judicata, stare decisis
II
index
aforesaid, antecedent, authority (documentation), before mentioned, code, criterion, finding, forerunner, holding (ruling of a court), judgment (formal court decree), last (preceding), law, mode, model, pattern, precursor, precursory, preparatory, prescription (custom), previous, prior, prototype, standard, stare decisis
Burton's Legal Thesaurus. William C. Burton. 2006
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n.A previously decided case that serves as a guide for deciding subsequent cases that have similar facts or legal questions. See also condition precedent
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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previously decided case. One practical aspect of justice is that like cases be treated alike; lawyers consult the reports of previously decided court cases. How a particular system uses precedent is another matter. Continental systems such as the French and German allow that a series of cases interpreting the code will carry great weight. In the Anglo-American system the rules are far stricter, with courts being bound to follow previous decisions. These rules are often considered under stare decisis.
Collins dictionary of law. W. J. Stewart. 2001.
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An opinion of a federal or state court of appeals establishing a legal principle or rule that must be followed by lower courts when faced with similar legal issues. For example, once the California Supreme Court decided that employers may fire an employee who fails a drug test because of his use of medical marijuana, all lower courts in California must follow this rule.Category: Criminal LawCategory: If, When & Where to File a LawsuitCategory: Mediation, Arbitration & Collaborative LawCategory: Representing Yourself in CourtCategory: Small Claims CourtCategory: Small Claims Court & LawsuitsCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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adj. Something that came before, hence preceded the event currently in question, such as a previously decided case. It may serve as a model for the interpretation of a law, or disposition as a case.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A court decision that is cited as an example or analogy to resolve similar questions of law (See question of law) in later cases.
Dictionary from West's Encyclopedia of American Law. 2005.
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A court decision that is cited as an example or analogy to resolve similar questions of law in later cases.II Laws established by previous cases which must be followed in cases involving identical circumstances. (See stare decisis in Foreign Words Glossary.)
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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1) n. a prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment. Thus, "the rule in Fishbeck v. Gladfelter is precedent for the issue before the court in this case." The doctrine that a lower court must follow a precedent is called stare decisis2) adj. before, as in the term "condition precedent," which is a situation which must exist before a party to a contract has to perform.See also: stare decisis
Law dictionary. EdwART. 2013.
