Precedent
Definition
A precedent refers to a legal decision or ruling that serves as an authoritative example or guideline for future similar cases.
Analogy
Precedents are like older siblings' experiences in families. Younger siblings often look at what their older siblings did - their successes and mistakes - to guide their own actions.
Related terms
Stare Decisis: Latin term meaning "to stand by things decided." It refers to courts' practice of following legal precedents set by previous decisions. Like sticking with family traditions based on past experiences.
Binding Precedent: A precedent which must be followed if the legal circumstances are similar. Like having to follow house rules set based on older sibling’s actions.
Persuasive Precedent: A precedent which a judge may consider but is not obligated to follow. Like considering older sibling’s advice, but ultimately making your own decision.
"Precedent" appears in:
Study guides (2)
Practice Questions (5)
- What is the purpose of following precedent in the legal system?
- What Supreme Court case set the precedent for federal supremacy over states?
- What presidential act served as a precedent for claims on executive privilege?
- What role does precedent play in Supreme Court decisions?
- Who determines if a public school can restrict student speech under the Tinker v Des Moines precedent?
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