PRECEDENT Meaning and
Definition
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Precedent is a noun referring to a previous occurrence, decision, or action that is used as a guide or reference for future events or situations, typically within a legal context. It establishes a standard or model that serves as the basis for interpreting or deciding similar cases in the future. Precedents are created when a court makes a ruling on a particular issue, providing a legal principle or rule that should be followed in subsequent cases with similar circumstances.
In law, the concept of precedent operates under the principle of stare decisis, which means "to stand by things decided." This principle dictates that courts should adhere to the rulings of higher courts within the same jurisdiction, ensuring consistency and predictability in the legal system. Precedents are often cited and relied upon by lawyers and judges to argue and support their positions, helping to shape the interpretation and application of the law.
However, it is essential to note that precedents are not necessarily binding or inflexible. They can be overruled or distinguished if there are valid reasons to do so, such as when there is a significant change in societal values or circumstances. Nonetheless, the weight and authority of a precedent are determined by factors such as the level of court that established it, the persuasiveness of the reasoning, and the jurisdiction within which it operates.
In a broader sense, precedent can also refer to any past event or action that serves as an example or guide for subsequent actions or decisions, not limited to the field of law. It denotes using previous experiences, historical events, or best practices as a basis for future actions or policies.
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• Going before in time; former; previous.
• That may serve as an example or rule to be followed in future actions of the like kind; that which has been done before of a like kind; an authority, or a judicial decision to be followed in similar or analogous cases.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Top Common Misspellings for PRECEDENT *
* The statistics data for these misspellings percentages are collected from over 15,411,110 spell check sessions on www.spellchecker.net from Jan 2010 - Jun 2012.
Other Common Misspellings for PRECEDENT
Etymology of PRECEDENT
The word "precedent" originates from the Latin term "praecedens", which is the present participle of the verb "praecedere". "Praecedere" is composed of two elements: "prae", meaning "before", and "cedere", meaning "to go" or "to yield". Thus, "precedent" can be understood to mean something that comes before or goes before. It entered the English language in the late 14th century with the same meaning it holds today, referring to an earlier event or decision that serves as an authoritative example for subsequent similar cases.
Idioms with the word PRECEDENT
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set a precedent
The idiom "set a precedent" means to establish a previous act, decision, or event as an example or guideline for future similar cases or situations. It often refers to creating a standard or rule of behavior that is then followed or used as a reference in future instances.
Similar spelling words for PRECEDENT
- practiced,
- practised,
- president,
- priced,
- prichett,
- proceed,
- presidency,
- precede,
- pricket,
- precedented,
- prickett,
- precedency,
- presidential,
- Procter,
- procedure,
- precedence,
- preceding,
- precedential.
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