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Precedents    音标拼音: [pr'ɛsədənts] [pr'ɛsəd,ɛnts]
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PRECEDENTS. the decision of courts of justice; when exactly in point with a
case before the court, they are generally held to have a binding authority,
as well to keep the scale of justice even and steady, as because the law in
that case has been solemnly declared and determined. 9 M. R. 355.
2. To render precedents valid, they must be founded in reason and
justice; Hob. 270; must have been made upon argument, and be the solemn
decision of the court; 4 Co. 94; and in order to give them binding effect,
there must be a current of decisions. Cro. Car. 528; Cro. Jac. 386; 8 Co.
163.
3. According to Lord Talbot, it is "much better to stick to the known
general rules, than to follow any one particular precedent, which may be
founded on reason, unknown to us." Cas. Temp. Talb. 26. Blackstone, 1 Com.
70, says, that a former decision is in general to be followed, unless
"manifestly absurd or unjust,", and, in the latter case, ii is declared,
when overruled, not that the former sentence was bad law, but that it was
not law.
4. Precedents can only be useful when they show that the case has been
decided upon a certain principle, and ought not to be binding when contrary
to such principle. If a precedent is to be followed because it is a
precedent, even when decided against an established rule of law, there can
be no possible correction of abuses, because the fact of, their existence
renders them above the law. It is always safe to rely upon principles. See
Principle; Rewon. de 16 Vin. Ab. 499; Wesk. on Inst. h.t.: 2 Swanst. 163; 2
Jac. & W. 31; 3 Ves. 527; 2 Atk. 559; 2 P. Wms. 258; 2 Bro. C. C. 86; 1 Ves.
jr. 11; and 2 Evans Poth. 377, where the author argues against the policy of
making precedents binding when contrary to reason. See also 1 Kent,
Comm.475-77; Liv.Syst. 104-5; Gresl. Ev. 300; 16 Johns. R. 402; 20 Johns. R.
722; Cro. Jac. 527; 33 H. VII. 41; Jones, Bailment, 46; and the articles
Reason and Stare decisis.


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  • PRECEDENT Definition Meaning - Merriam-Webster
    The meaning of PRECEDENT is prior in time, order, arrangement, or significance How to use precedent in a sentence <span class='mwtparahw'>Precedent< span> and the
  • Precedent - Wikipedia
    Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases [1][2][3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability [2][4][5
  • PRECEDENT | English meaning - Cambridge Dictionary
    PRECEDENT definition: 1 an action, situation, or decision that has already happened and can be used as a reason why a… Learn more
  • Precedent vs. Precedence | Merriam-Webster
    Its plural precedents is pronounced just like precedence, so always check if you mean “priority” or “example” in your writing The nouns precedence and precedents are homophones and, like many similar-sounding words before them, have inevitably been confused Allow us to set a precedent on dealing with them
  • PRECEDENT Definition Meaning | Dictionary. com
    PRECEDENT definition: a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases See examples of precedent used in a sentence
  • What Does Precedent Mean in Law? Definition and Types
    Learn how legal precedent works, why courts are bound by prior rulings, and how judges can distinguish or overturn established case law
  • What Are Precedents and How Do They Work in Court?
    Learn how courts use past decisions to guide rulings today, when those decisions are binding, and what it takes for a court to break from established precedent
  • PRECEDENT | definition in the Cambridge English Dictionary
    PRECEDENT meaning: 1 an action, situation, or decision that has already happened and can be used as a reason why a… Learn more
  • Precedent | Case, Common, Legal | Britannica
    precedent, in law, a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case or point of law in the same manner Common law and equity, as found in English and American legal systems, rely strongly on the body of established precedents, although in the original development of equity the court theoretically had freedom
  • Precedent - Definition, Examples, Cases, Processes
    Precedent defined and explained with examples A legal decision made by a court of authority, which serves as an authoritative rule in future, similar cases





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