Etymology:
The word "precedent" comes from the Old French "precedent," which in turn comes from the Latin "praecedens," meaning "going before."
Meaning:
A precedent is a past event or occurrence that serves as an example or rule for similar situations in the future. It is a guiding principle that infers that decisions or actions taken in past similar circumstances should be followed in the present.
Origin:
The concept of precedent has been used in various legal systems throughout history. It was first formally recognized in the Roman law system, which developed the principle of "stare decisis," meaning "to stand by decided matters." This principle established that judges should follow the decisions made by previous judges in similar cases.
The concept of precedent was later adopted into the English common law system. In the 17th century, the English jurist Edward Coke wrote that "it is a general rule that when a case has been once decided by the superior court, it ought not afterwards to be questioned in any inferior court."
The doctrine of precedent has played a crucial role in shaping the legal systems of many countries, including the United States. In the US, precedent is established through court decisions, which are binding on lower courts within the same jurisdiction. This helps to ensure consistency in legal interpretations and provides predictability for individuals and organizations.
Etymology Latin prae meaning before Latin cēdere meaning to go Meaning T
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