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Law vocabulary · Legal Systems & Sources of Law

Precedent

Meaning in law, with examples

/ˈpresɪdənt/nounCore term

In law, precedent means: An earlier court decision that judges use as an example or a rule when they decide later cases with similar facts or legal questions.

In Turkish: emsal karar, içtihat, emsal

How it is used

Central in common law systems, where precedents of higher courts are 'binding' on lower courts. Lawyers 'rely on', 'follow', 'distinguish' or 'set' a precedent. 'There is no precedent for this' can also simply mean it has never happened before.

Example sentences

  1. The decision sets an important precedent for online platforms.

  2. Counsel tried to distinguish the earlier precedent on its facts.

Common collocations

  • set a precedent
  • binding precedent
  • follow a precedent
  • distinguish a precedent
  • rely on precedent
  • case lawLaw that comes from the decisions of courts rather than from statutes; the body of earlier judgments that judges and lawyers rely on.
  • common lawThe legal system that developed in England and is used in countries such as the US, Canada and Australia, where court decisions are a main source of law; also the judge-made rules themselves.
  • stare decisisThe principle that courts should follow earlier decisions on the same legal question, so that the law stays consistent and predictable; Latin for 'to stand by things decided'.
  • ratio decidendiThe legal reasoning that is necessary for a court's decision and that binds later courts; Latin for 'the reason for deciding'.
  • judgmentThe final decision of a court in a case, together with the reasons the judge gives for it; also the written document that contains this decision.

This word in other fields

The same English word can have a different meaning in another field:

More terms: Legal Systems & Sources of Law

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This page explains English vocabulary for learners. It is not legal advice.