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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 | 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
  • 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 Legal precedent is a prior court decision that guides how judges resolve future cases involving similar facts or legal questions
  • 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
  • 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
  • Precedence vs. Precedent – What’s the Difference?
    A precedent, or in the plural form precedents, is an event that has already happened In legal contexts, precedents are existing court rulings that are used as reference points for a working interpretation of the law
  • 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 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





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