Question:

Can someone simplify what a precedent is?

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I'm having trouble understanding what a precedent is, can someone out there explain and give examples?

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  1. i think it basically means something that the courts have done that sets an example for future cases to be based on

    for example, if a judge said that blonde girls are dumb and can't be held responsible for what they do...that would be a precedent. future cases can go back to that case and say...'well the judge ruled this way before, you should rule this way again'

    hope that helps


  2. People v. Miranda is one.  It set the precedent that you had a right to have your rights read to you before an in custody questioning.  The lower courts have to follow what the higher courts says what the law is.  

    It can defines legal words.  Like Shall means Must, as in the Judge Shall do x.   This is as opposed to A Judge may.  

    Hope that helps.  Email me if you have a need for a detail.

  3. The first case where a judgment was based.

    For example - the rules say that all the baseball team members must be registered to the league registry on a particular day.

    That rule has been around for years, then one day , a group filed a team with 2 names missing and with a letter asking for a "special consideration" due to this and that etc,

    The committee holds a meeting, some say yes, some say no. The motion was held to a vote. The team squeaks through on a technicality.

    That case is a precedent.  Years following that first case, there will be others who will ask for "special dispensation"

  4. In legal terms, it refers to a court decision that affects future court decisions.  In other words, it refers to an old case decision that can be referred to in a new case to convince the judge to rule a certain way.  Case precedent also helps citizens understand the interpretation of laws that govern us.

  5. Court decisions that support an argument you're trying to make.

    No examples, since I'm not a lawyer. But I did stay at a Holiday Inn Express last night.

  6. A precedent is something that must occur before something happens.

    For example.

    If you want to have a drink of water, then putting the water in your mouth precedes (occurs before) swallowing it. Therefore putting water in your mouth is the precedent.

    That was a very basic example though. Precedents can also be rules that precede being considered law abiding, or something similar. For example, the rule of "not committing murder" can be considered a precedent.

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