Legal Definitions - govern

In legal terms, when a precedent or a specific legal rule is said to govern an issue, it means that the previous decision or established rule is binding and must be followed. It dictates or controls how a particular legal question or point in dispute must be resolved by a court.

• Example 1: Contract Interpretation

  Imagine a state's highest court previously ruled that when a contract contains ambiguous language, it must always be interpreted in favor of the party who did not draft the contract. If a new case arises in a lower court involving a contract with similar ambiguous terms, that prior ruling would govern how the lower court interprets those terms. The lower court cannot choose a different method of interpretation; it must apply the rule set by the higher court.

• Example 2: Admissibility of Evidence

  A federal appeals court issues a decision stating that evidence obtained without a proper search warrant, under specific circumstances, is inadmissible in court. Later, a federal trial court within that appeals court's jurisdiction hears a case where the prosecution attempts to introduce evidence gathered under nearly identical circumstances. The appeals court's prior decision would govern the trial court's ruling on whether that evidence can be presented to the jury, compelling the trial court to exclude it.

• Example 3: Property Rights

  A long-standing appellate court decision in a particular state established the precise criteria, including the duration and nature of possession, required for someone to claim ownership of land through adverse possession. When a new dispute over adverse possession comes before a trial court in that state, the appellate court's established criteria will govern the trial court's analysis and determination of whether the claimant has met the legal requirements to acquire the property.