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Simple English definitions for legal terms
authoritative precedent
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A quick definition of authoritative precedent:
An authoritative precedent is a decision made by a court that sets a rule for future cases with similar facts or issues. It is a type of binding precedent, which means that lower courts must follow it. However, there are also persuasive precedents that courts can consider but are not required to follow. Precedents can be used as guides for lawyers when preparing legal documents.A more thorough explanation:
Definition: An authoritative precedent is a legal decision made by a court that must be followed by lower courts in the same jurisdiction. It serves as a basis for determining later cases that involve similar facts or issues.
For example, if a higher court in a state has made a decision on a particular legal issue, lower courts in that state must follow that decision when similar cases arise. This is known as a binding precedent or authoritative precedent.
On the other hand, a persuasive precedent is a legal decision that is not binding on a court but is entitled to respect and careful consideration. For instance, if a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way.
Overall, authoritative precedent plays a crucial role in the legal system as it ensures consistency and predictability in the application of the law.