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Topic: Precedent

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In the News (Tue 23 Apr 19)

  Precedent - Wikipedia, the free encyclopedia
Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts.
Mandatory precedent, or binding authority, is a precedent under the doctrine of stare decisis that a lower court must consider when deciding a case.
When a precedent becomes of significant importance to an issue, or represents new or changed law in a particular issue, that precedent is often referred to as a landmark case or decision.
en.wikipedia.org /wiki/Precedent   (536 words)

 Legal Definition of Precedent
Accordingly, precedent is used as often to justify a particular outcome in a case as it is to guide the decision.
To render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions.
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.
www.lectlaw.com /def2/p069.htm   (596 words)

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The doctrine of precedent states that a decision made by a court in one case is binding on other courts in later cases involving similar facts.
Precedent is the basis of the common law; that body of law emerging from cases as they are decided by the judges.
The system of judicial precedent has long existed, but its modern importance was achieved through reliable reporting, which has only been guaranteed since 1865 (the Public law report), as well as the settled hierarchy of the courts (since 1876).
members.lycos.co.uk /lawnet/PRECED.HTM   (4760 words)

 California Department of Social Services - Community Care Licensing Division - Decisions Relied Upon as Precedent
The authority to establish precedent for administrative matters, by identifying cases and certifying them, was established fairly recently although precedent is used routinely by judges in other civil cases and in criminal cases.
Precedent is important to parties in a legal case involving the Department, because the precedent establishes what the Department has done in the past, and why.
Precedent is binding upon any case filed by the Department, to the extent that a case involves the same facts, legal or policy issues determined in the precedent.
ccld.ca.gov /DecisionsR_1780.htm   (606 words)

As usually stated, the doctrine of precedent at its core is that the holding of a case must be followed in similar cases, until overruled.
In Anastasoff, the Eighth Circuit faced precedent in which, except for the fact that it was an unpublished decision, there was no question of distinguishing or the “game of case matching.” Faye Anastasoff sought relief in the district court from the refusal of the IRS to consider her claim for a tax refund.
Indeed, it is the effect of these historical episodes on the question of the binding nature of precedent, not precedent as a starting point, that has caused historians to locate different dates for the beginning of the “strict” notion of precedent.
www.bc.edu /bc_org/avp/law/lwsch/journals/bclawr/42_1/02_TXT.htm   (11168 words)

 Stare Decisis and Techniques of Legal Reasoning and Legal Argument
In other words, the presence of a new fact D may have the effect of distinguishing the future case from the precedent or conversely the precedent may be extended to apply to the future case.
Adherence to precedent must then be the rule rather than the exception if litigants are to have faith in the even-handed administration of justice in the courts.
Where a lawyer cannot find a precedent he or she can go beyond first principles and instead develop an argument that the decided cases have evolved to a general principle which covers the immediate case.
legalresearch.org /docs/perell.html   (5260 words)

 Stare Decisis vs. Binding Precedent
Precedent is binding if a higher court has made a decision or interpretation that a lower court must follow.
Stare decisis is where a court maintains the status quo - that is, it reaffirms a previous decision or bases a new decision its own prior decision.
This is binding precedent on any lower court and government agency.
www.lawschooldiscussion.org /students/index.php?topic=2143.msg14647   (453 words)

 The Manila Times Internet Edition | OPINION > ‘Dangerous precedent’   (Site not responding. Last check: 2007-08-20)
The dangerous precedent is that the world allowed America to use war in solving its hostile international relations.
The dangerous precedent is that America continues to hold the world hostage to its hegemonic dreams of an American business empire.
The dangerous precedent is that the United Nations Security Council failed to stand up to the bullying of the Americans.
www.manilatimes.net /national/2004/jul/26/yehey/opinion/20040726opi2.html   (1585 words)

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Title: Precedent Author: Dave Rogers Email Address: daverogers@geocities.com Series: VOY Rating: PG Codes: P, J Part: 1/1 Date Posted: Summary: Missing scene from "Thirty Days".
Precedent It was Lieutenant Paris, not Captain Proton, who sat on the bridge of the rocket ship.
Obsolete ship specs, minor historical figures," Janeway looked up from her coffee and looked Tom full in the face, "old legal precedents," she looked back at her cup, "that sort of thing." There was a cue there.
www.geocities.com /dave.rogers/fanfic/precedent.txt   (1041 words)

 Precedent Homes
When describing Precedent Homes the word "family" comes to mind...in the way we do business and the way we treat you as a client.
The Precedent Homes family takes pride in providing a great deal of personal service, superior workman-ship, and lasting value.
At Precedent Homes, you will be treated with the respect and attention of a treasured member of our family.
www.precedenthomes.com   (146 words)

 Roberts: Precedent Important for Abortion   (Site not responding. Last check: 2007-08-20)
Supreme Court nominee John Roberts said Tuesday that the landmark 1973 ruling on abortion was "settled as a precedent of the court" as he was immediately pressed to address the divisive issue on the second day of his confirmation hearings.
"It's settled as a precedent of the court, entitled to respect under principles of stare decisis," the concept that long-settled decisions should be given extra weight, Roberts told the Senate Judiciary Committee.
Wade decision was a "super-duper precedent" in light of efforts to overturn it.
www.sfgate.com /cgi-bin/article.cgi?f=/n/a/2005/09/13/national/w070337D47.DTL&feed=rss.news   (309 words)

 Precedent Systems, Inc. v Precedent Software, Inc. - Case No. 95473
The Complainant, a Colorado incorporation, incorporated in April 1989, is the owner of the trademark "PRECEDENT" issued in July 1985 by the United States Patent and Trademark Office.
Complainant believes this is the same Akeley who is the owner of Precedent Software and that he had prior knowledge of Precedent Systems existence and it’s product.
Bad faith was alleged on the grounds that the original registration violated the terms of the Network Solutions license agreement in that Respondent knew the existence of Precedent Systems and made no effort to determine whether they were violating the trademark rights of Complainant.
www.arbforum.com /domains/decisions/95473.htm   (1563 words)

 SSRN-An Originalist Theory of Precedent by Lee Strang
At the heart of the debate surrounding precedent is the tension between our written Constitution, which is the supreme law of the land, and the role of the unelected Supreme Court in exercising constitutional judicial review.
Further, the existence of numerous and important nonoriginalist precedents is used by critics of originalism as an (in their view, often decisive) argument against originalism.
By contrast, when determining whether to overrule or limit nonoriginalist precedent judges will be relatively unconstrained and will have to make those determinations by looking to what the common good of society requires.
papers.ssrn.com /sol3/papers.cfm?abstract_id=772165   (535 words)

 CUIAB - Precedent Decisions   (Site not responding. Last check: 2007-08-20)
The Unemployment Insurance (UI) Code specifically authorizes the Board to consider, decide and designate as precedent decisions those cases that contain a significant legal or policy determination of general application that is likely to recur.
A hearing is held before an administrative law judge (ALJ); subsequent to the ALJ's decision, a further appeal may be filed to the CUIAB to review the ALJ's decision.
Except as modified by judicial review, precedent decisions are binding upon the EDD and the CUIAB's ALJs.
www.cuiab.ca.gov /precedent_decisions.htm   (387 words)

 Creating a New Precedent   (Site not responding. Last check: 2007-08-20)
The 2004 Club Car Precedent is the most dramatic transformation of the golf car since three wheels and a tiller gave way to the modern electric golf car more than 30 years ago.
One of the largest internal financial investments ever made by IR, the Precedent is a prime example of how dual citizenship can foster companywide cooperation and dynamic growth.
At $800 for a 5-gallon bucket, the special grease used to ensure smooth operation of the Precedent’s electric motors obviously must be applied sparingly.
www.ingersollrand.com /pressroom/irworld/archives/irw1q04/precedent1q04.html   (2370 words)

 GTAGaming.com - The #1 Grand Theft Auto Resource
This contest is much like the game Horse, where one person shoots a basketball from a position on the court, then the next person has to mimic their shot and make the basket.
The 1st person to mimic the stunt wins the opportunity to set the precedent with any stunt of his/her choosing.
Once you feel you have resembled the existing trick, go create your new precedent, and send both replays in the same email.
www.gtagaming.com /gtagaming/precedents   (553 words)

 Precedent   (Site not responding. Last check: 2007-08-20)
Precedent communications are the creative force behind the two site designs that are generated out of the MCMS.RAPID package.
Great interface design, audience focused information architectures and accessibility are of paramount importance - and this is where our key strengths lie.
Precedent has developed designs and information architectures for many private and government sector clients and ensures the design layer deliveries conform at the highest levels to the standards and guidelines set down by the WAI, W3C, RNIB, Bobby and e-government amongst others without compromising the aesthetics of design.
www.mcmsrapid.com /About/Precedent.htm   (148 words)

 Roberts: Precedent Settles Abortion Ruling
Supreme Court nominee John Roberts said Tuesday that the landmark 1973 ruling legalizing abortion was "settled as a precedent," as he was immediately pressed to address the divisive issue on the second day of his confirmation hearings.
"It's settled as a precedent of the court, entitled to respect under principles of stare decisis," the concept that long-established rulings should be given extra weight, Roberts told the Senate Judiciary Committee.
Roberts answered questions about abortion through the prism of legal precedent but declined to answer specifically how he would rule if faced with the question of overturning Roe v.
www.sfgate.com /cgi-bin/article.cgi?f=/n/a/2005/09/13/national/w072607D51.DTL   (936 words)

 SSRN-Precedent by Lawrence Alexander, Emily Sherwin
Given that judges are not perfect reasoners, the best approach to precedent is one that treats rules established in prior decisions as authoritative for later judges.
The principal drawback of a rule-based model of precedent is its seeming resistance to change.
Topics covered include identification of precedent rules, preconditions for authority, decision-making in the absence of a precedent rule, and overruling.
papers.ssrn.com /sol3/papers.cfm?abstract_id=591666   (315 words)

 PFA Launches 'Ginsburg Precedent' Video
PFA's "Ginsburg Precedent" video can be viewed at the following link: http://judgeroberts.com/epresskit/testify.shtml "Judge John Roberts deserves the same respectful treatment during his hearings as Clinton-nominee Ruth Bader Ginsburg," said Brian McCabe, president of PFA.
"This is about precedent for a fair process, not politics." Despite her background as a very liberal ACLU attorney, the following are facts about Justice Ginsburg's hearing: * Lasted a total of 4 days.
Justice Ginsburg was confirmed by the Senate on a vote of 96-3 (8/3/93).
www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/08-18-2005/0004090763&EDATE=   (220 words)

 The Byrd precedent - PittsburghLIVE.com
Byrd created a precedent that enabled him to break the filibuster and used it with stunning force.
Two years later, Byrd again manipulated the Senate rules by establishing a precedent to curb the practice of adding legislative amendments to appropriation bills.
Charles Schumer of New York, one of the Democrats' shrillest voices decrying Republican consideration of the "Byrd precedent," has argued that rules can be changed from one Senate to the next by simple majority vote.
pittsburghlive.com /x/tribune-review/opinion/columnists/guests/s_324683.html   (796 words)

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What is more, the)' 0.00 0.00 0.00 rg (ideological direction of a case outcome is not equivalent to the decision to overrule precedent and)' 0.00 0.00 0.00 rg 0.0000 -28.2600 TD (thus is reasonably exogenous.
We)Tj 0.00 0.00 0.00 rg -434.7600 -28.3200 TD 0.0000 Tc 0.0000 Tw (then read the opinions of the cases that were identified as overruling the precedent and a)Tj 422.5200 0.0000 TD (pplied)Tj 0.00 0.00 0.00 rg -422.4600 -28.3200 TD (the coding rules of Brenner and Spaeth \(1995\).
A precedent is at greater risk of being overruled if the Court previously)Tj 377.0400 0.0000 TD (interpreted it in a)Tj 0.00 0.00 0.00 rg -377.0400 -28.3200 TD (negative manner.
repositories.cdlib.org /cgi/viewcontent.cgi?article=1030&context=csls   (4976 words)

 Learn more about Precedent in the online encyclopedia.   (Site not responding. Last check: 2007-08-20)
Learn more about Precedent in the online encyclopedia.
Enter a phrase or search word in the box below.
Hint: Play with putting spaces before and after your words to see the different results you get.
www.onlineencyclopedia.org /p/pr/precedent.html   (515 words)

 CUIAB - Precedent Decisions A-D   (Site not responding. Last check: 2007-08-20)
This index organizes precedent decisions around a key word or phrase.
Note: The precedents on this Web site are replicas of the official documents and are in Adobe's Portable Document Format (PDF).
Occasionally, employee names and SSNs were listed separately in an appendix; where that occurred, the appendix has been deleted.
www.cuiab.ca.gov /precedent_decisions_Numerical.htm   (141 words)

 precedent. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000.
An act or instance that may be used as an example in dealing with subsequent similar instances.
Law A judicial decision that may be used as a standard in subsequent similar cases: a landmark decision that set a legal precedent.
Convention or custom arising from long practice: The President followed historical precedent in forming the Cabinet.
www.bartleby.com /61/90/P0509000.html   (128 words)

 The Enquirer - Treatment of Padilla has precedent   (Site not responding. Last check: 2007-08-20)
After receiving intelligence information and recommendations from both the attorney general and secretary of defense, President Bush signed off on the decision to treat Padilla as an enemy combatant.
Hardly a case of judicial abuse, the Padilla case has significant legal and historical precedent.
Send your column or proposed topic, 400 words or fewer, along with a photo of yourself, to assistant editorial editor Ray Cooklis at rcooklis@enquirer.com; (513) 768-8525.
news.enquirer.com /apps/pbcs.dll/article?AID=/20050308/EDIT02/503080312/1021/EDIT   (471 words)

 Edward Whelan on John Roberts & Abortion on National Review Online
It is a testament to Roberts's skills as an advocate that his remarks at his confirmation hearing on abortion and stare decisis have been understood by Specter and many other supporters of Roe as suggesting that he would not vote to overrule Roe.
Roberts's statement that Casey is "settled as a precedent of the Court, entitled to respect under principles of stare decisis" is definitional boilerplate in Roberts's usage.
The first hurdle — overturning Casey as a precedent for applying principles of stare decisis to Roe — is easily cleared: The principles of stare decisis invoked in Casey were contrived for that case and are in conflict with the Court's other precedents on precedent (such as Lawrence v.
www.nationalreview.com /whelan/whelan200509191136.asp   (748 words)

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