9:32
[kevin oleary]
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LSDefine
Simple English definitions for legal terms
precedent
Read a random definition: contra formam collationis
A quick definition of precedent:
Precedent: When a judge makes a decision in a court case, it becomes a rule for other judges to follow in similar cases. This is called precedent. It helps make sure that people in similar situations are treated the same way by the law. But, the new case has to have the same facts as the old case for the old decision to be used as precedent. Precedent is usually made up of many decisions, but sometimes just one decision can be enough.
A more thorough explanation:
Precedent is a legal term that refers to a court decision that is used as a guide for deciding similar cases in the future. It is an important part of the legal system because it helps ensure that similar cases are treated in the same way.
For example, if a court makes a decision in a case involving a particular issue, that decision can be used as a precedent for future cases involving the same issue. This means that judges in future cases will look to the earlier decision as a guide for how to decide the case.
It's important to note that precedent only applies to cases with similar facts or legal issues. If the facts or issues in a case are different from those in a previous case, the previous case cannot be used as a precedent.
Precedent is usually established over time, through a series of decisions. Sometimes, a single decision can create precedent. For example, if the highest court in a state interprets a statute in a particular way, that interpretation becomes part of the law and can be used as a precedent in future cases.
Overall, precedent is an important part of the legal system because it helps ensure consistency and fairness in the way that cases are decided.