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Simple English definitions for legal terms
original precedent
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A quick definition of original precedent:
Original Precedent: When a court creates and applies a new legal rule while administering justice, it is called an original precedent. This means that the court is making a decision that has not been made before and is setting a new standard for future cases. Precedents are important because they provide guidance for judges when deciding similar cases in the future. However, not all precedents are binding, and some are only persuasive, meaning that they are not required to be followed but can be considered when making a decision.
A more thorough explanation:
Definition: Original precedent refers to the creation of a new legal rule by a court while administering justice. It is a decided case that serves as a basis for determining later cases that involve similar facts or issues.
Example: In the landmark case of Brown v. Board of Education, the Supreme Court of the United States created an original precedent by ruling that segregation in public schools was unconstitutional. This decision served as a basis for later cases that challenged segregation in other areas of society, such as housing and employment.
Explanation: The example illustrates how the Supreme Court created an original precedent by recognizing and applying a new legal rule while administering justice. The ruling in Brown v. Board of Education established a new legal principle that segregation was unconstitutional, which was then applied to other cases involving similar issues. This original precedent became a basis for future legal decisions and helped shape the course of civil rights in the United States.