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Precedents    音標拼音: [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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英文字典中文字典相關資料:
  • 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 - 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 | 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 noun - Definition, pictures, pronunciation and usage notes . . .
    Definition of precedent noun from the Oxford Advanced Learner's Dictionary [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
  • 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
  • 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 in American English | 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 The trial could set an important precedent for dealing with similar cases Collins COBUILD Advanced Learner’s Dictionary Copyright © HarperCollins Publishers It seems that your browser is blocking this video content
  • Precedent - Definition, Meaning Synonyms | Vocabulary. com
    Other forms: precedents; precedently A precedent is something that sets a standard for future events It's hard to say what the legal community would do without the word precedent, since so many legal judgments and decisions are based on what came before Lawyers and judges often look for a precedent that can be used as a guide for a similar case
  • What Is the Definition of Precedent in Law? - LegalClarity
    Precedents profoundly shape subsequent legal proceedings, guiding judicial reasoning in future disputes When a court establishes a precedent, it creates a legal standard that other courts are likely to follow, leading to a body of case law that evolves over time





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