A principle established in a past case. A judge or magistrate is bound to follow a decision in a previous case (in which the facts are similar) where the court handing down the decision is higher in the court system. A hierarchy of courts is set out in Part 12. In some cases N.S.W. Courts follow English decisions or decisions of superior courts outside the N.S.W. court system.
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent"-meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
a decision that sets an example for future decisions in similar cases
Principle that previous court decisions should guide in deciding current cases. See also Stare Decisis.
A case opinion that provides guidance to a judge making a decision for a later case. Generally, the earlier case is relevant because it has similar facts or raises similar legal questions.
A judicial decision or procedure, serving as a guide for the future settlement of similar cases. (Hogue, Arthur R. Origins of the Common Law, 257)
A benchmark, court-case decision that provides the legal basis for deciding similar court cases in the future. Compare to Common Law and Doctrine.
prior body of law that must govern a court's decision in a particular case.
A decision used as the basis for future decisions in subsequent similar cases.
Where a previous decision establishes a course of action that people expect to be followed in the future.
A previously decided case that guides the decision of future cases.
Past decisions by the Supreme Court and other benches that form the established judicial thinking on a given subject.
A judicial decision that is cited as controlling the outcome of a similar case.
An example of authority for a later case which is similar or identical.
A court decision in an earlier case that the court uses to decide similar new cases.
( précédent) Generally refers to something that has happened earlier in time. In the courts, the ruling of an earlier court in a similar sets of circumstances is considered as a guide in deciding on a current case. A decision on any point establishes a precedent which might be expected to be followed in similar situations which may arise in the future.
A previous court decision that will influence future similar cases.
Legal principles or rules created by earlier decisions that provide a point of reference or authority for judges deciding similar issues in later cases.
Previously decided case which guides future decisions.
The doctrine of Anglo-American law whereby once a court has formulated a principle of law as applied to a given set of facts, it will follow that principle and apply it in future cases where the facts are substantially similar.
in law, a judicial decision that serves as a guide for future decisions in similar cases. Can also apply to administrative decisions made by the executive branch of government.
A decision or determination of a point of law made by a court in a case to be followed by a court of the same rank, or of a lower rank, in a subsequent case presenting the same legal problem, although different parties are involved in the subsequent case.
Previously decided case that guides future decisions.
A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. A prior judicial decision that serves as an example or rule to authorize or justify other decisions in similar cases that follow.
(civil law) a law established by following earlier judicial decisions
a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
a subject mentioned earlier (preceding in time)
a case which has already been decided which may serve as an example for other similar cases
an earlier judicial decision on a specific legal issue, carefully written up by the presiding judge and then published in the judiciary's legal record, a record that reaches back several centuries and encompasses hundreds of thousands of cases
an example that sets a new standard, pattern, or benchmark for the future
a past decision of a higher court (an appeals court or supreme court) which serves as an example for other courts to follow in similar cases
a previous decision used as a justification for deciding a subsequent case in the same way
a written opinion (or a principle or rule therein) that provides authoritative guidance to a judge in a subsequent case, generally either because the prior case is similar in its facts or raises similar questions of law
a court decision in an earlier case with facts and legal issues similar to those in a case currently before a court. Courts are required to follow some precedents. For example, a U.S. court of appeals must follow decisions of the U.S. Supreme Court; a state trial court must follow decisions handed down by that state's highest appellate court (usually the state's Supreme Court). Courts are also influenced by decisions they are not required to follow, such as the decisions of other circuits. Courts also follow their own precedents unless they set forth reasons for changing the case law.
A previous case that is taken as an example in making legal decisions
(noun) An act, statement, legal decision, case, etc. that may serve as an example, reason, or justification for a later one.
An issue of law previously decided by a court that other courts follow.
A previously decided case (often reported) which has a bearing on the issues in later cases.
A judgement or decision of a court of law cited as an authority for deciding a similar set of facts
Interpretation or compilation of rulings by presiding officers on specific procedures or rules, and which are established by customs and practices.
A previously decided case that can serve as an authority in a present controversy.
An adjudged case or decision of a court of justice, considered as furnishing an example or authority for an identical or similar case arising later. A lower court is expected to follow the precedents set in the higher courts.
A prior case or decision similar or identical in fact or legal principle to the matter at hand that provides authority for resolution in a similar or identical way.
Decision by a court that provides an example or authority for later cases involving a similar question of law. See binding authority.
Previously decided case which is recognized as an authority for determining future cases.
Judicial decision that serves as an example for how to rule in similar cases
A judicial decision on a point of law which is binding on all courts lower in the hierarchy. See THE LEGAL SYSTEM.
Previous evidence or example for action or decision of a question.
Laws established by previous cases which must be followed in cases involving identical circumstances. (See stare decisis in Foreign Words Glossary.)
A previously decided case that is recognized as binding on future cases that have similar facts and/or legal issues.
a deviation in a prior case which established a right or reasoning of law which must be followed in the present case
previously adjudged action or decision on same or similar point, serving as a rule or example
Something that has already happened that will influence how future similar events will be viewed by the court.
Previously decided case which guides decisions of future cases. Compare stare decisis.
A previously decided case that can serve as authority to help decide a present controversy.
A past ruling or practice that sets an example for similar action in the future; convention established by long practice.
A legal precedent is a previous decision of a court. The court will look to what occured previously in similar cases and will generally follow the earlier decision, or "precedent." This is one source of what constitutes the "law." See also Legislation.
Adjudged case or decision of a court of justice, considered as furnishing an example or authority for an identical or similar case afterwards arising on a similar question of law.
A court's decision which must generally be followed by that court and the lower courts in the same jurisdiction in cases involving the same issue and substantially the same facts.
The value that a completed case has on deciding future cases.
A court decision that will influence similar cases in the future.
A court decision rendered in an earlier case with facts and legal issues similar to a dispute currently being contested. Judges will generally "follow precedent;" meaning that they will use the principles established in earlier cases to decide new cases unless the previous case is found or proved to be faulty.
A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
An act or instance that may be used as an example in dealing with subsequent similar instances. Also, a judicial decision that may be used as a standard in subsequent similar cases.
A case establishing legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedents form the basis of the theory of stare decisis, which prevents "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation.
Interpretation of rulings by presiding officers on specific rules; unwritten rules that are established by custom.
a decision in an important case that served as n authority for deciding similar cases. (p. 344)
event or decision that may be used as an example in similar cases
A prior decision which serves as an example or justification for later decisions.
A previously reported appeals court opinion used to establish the official rule for deciding the same legal question in the future.
Past decisions by other courts that give the judge guidance about how to rule in this case.
A judicial decision used as a source of law in later related cases.
A legal decision that serves as an example or rule upon which a subsequent decision can be based.
The decision of a case which established principles of law that act as an authority for future cases of a similar nature
A previously decided case that acts as an authority for future cases of a similar nature.
A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction.
Laws established by previous court cases that must be followed in cases involving similar circumstances.
judicial decision that furnishes the basis for deciding a similar case or question of law that arises later. It is usually used to refer to binding precedent, which must be followed. See also stare decisis.
An act or decision that can be used as an example in dealing with subsequent similar situations.
In common law, previous cases are used to prove the present case. These cases are called "precedence."
decision in a previous case that is used to support a decision in a later, similar case.
A decided case that furnishes a basis for determining later cases involving similar facts or issues. Judges will generally "follow precedent," meaning that they use the principles established in earlier cases to decide new cases dealing with similar facts and legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided or that it differed in some significant way from the current case.
A legal principle or rule created by one or more decisions of a State or Federal Appellate Court. These rules provide a point of reference or authority for Judges deciding similar issues in later cases. Lower Courts must apply these rules when faced with similar legal issues. The term also refers to standard forms of documents used as templates for lawyers and which are then amended to fit the particular situations of clients.
A legally binding court decision.
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. The term may also refer to the collective body of case law that a court should consider when interpreting the law. When a precedent establishes an important legal principle, or represents new or changed law on a particular issue, that precedent is often known as a landmark decision.