Precedent
Common Legal Terms
Laws established by previous cases which must be followed in actions involving identical circumstances. See stare decisis in Foreign Words Glossary.
A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Some precedent is binding, meaning that it must be followed. Other precedents need not be followed by the court but can be considered influential.
- — Justice 101 Legal Terms Glossary retrieved 2014-05-28
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Patent
A legal decision that serves as an example or rule upon which a subsequent decision can be based.