Question

The best definition of a precedent is
a. a proceeding by one person against another in court.
b. a law developed from custom.
c. a judicial proceeding for the determination of a dispute between parties in which rights are enforced or protected.
d. a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

Answer 1

The best definition for precedent is d., a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. These cases in effect set a 'precedent' for lower courts in the same state (or nation if federal) to follow depending on the set of facts.

Answer 2

d. a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

The legal term "precedent" refers to a court decision that establishes a principle or rule. The principle established by the court's decision is used in other cases after that when courts encounter other cases that pertain to similar issues or circumstances. Decisions of a higher court are binding as precedent on any lower courts in the system, so a decision made by the US Supreme Court becomes binding on lower federal courts and state courts. A decision made by a state court would be binding on any county or municipal courts within that state.

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