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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 Supreme Court relies on precedents—that is, earlier laws or decisions that provide some example or rule to guide them in the case they're actually deciding
  • PRECEDENT | English meaning - Cambridge Dictionary
    There are several precedents for promoting people who don't have formal qualifications Some politicians fear that agreeing to the concession would set a dangerous precedent
  • Precedent - Wikipedia
    Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic
  • PRECEDENT Definition Meaning | Dictionary. com
    Precedent is especially used in a legal context, in which it refers to a past court decision or judicial ruling that can be used as a guideline for decisions in similar cases In this context, precedent often refers collectively to all previous decisions relevant to the case
  • precedent noun - Definition, pictures, pronunciation and usage notes . . .
    [countable, uncountable] an official action or decision that has happened in the past and that is seen as an example or a rule to be followed in a similar situation later The ruling set a precedent for future libel cases The judge based his decision on precedents set during the Middle Ages
  • Precedent - Definition, Examples, Cases, Processes
    Legal precedent means that a decision on a certain principle or question of law has already been made by a court of higher authority, such as an appeals or supreme court Following such a decision, lower courts defer to, or adhere to, that prior decision in similar cases
  • Precedent: Definition, Meaning, and Examples
    "Precedent" refers to a past occurrence or ruling that serves as a model for future actions The term is often used in legal contexts but also appears in general usage A previous event or decision that serves as a model for similar future occurrences Something that occurred earlier or holds higher significance in a specific order or sequence
  • PRECEDENT definition and meaning | Collins English Dictionary
    If there is a precedent for an action or event, it has happened before, and this can be regarded as an argument for doing it again There are plenty of precedents in Hollywood for letting people out of contracts Collins COBUILD Advanced Learner’s Dictionary Copyright © HarperCollins Publishers
  • Precedent: Definition, Meaning, and Examples Explained
    When judges are bound by precedents, they are less likely to make arbitrary or capricious decisions, which can help safeguard against injustices Thus, precedents serve not only as a guide for future cases but also as a crucial safeguard for the legal rights and freedoms of individuals
  • What is a legal precedent? Definition and case law resources
    Legal precedents are when a case’s circumstances and legal requirements match those of a contemporary legal dispute; unless a party can demonstrate that it was incorrectly resolved or that it differed materially, the precedent will typically govern the outcome of a later similar case





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