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Precedent

A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court.

1. A case which establishes a novel legal principles to a certain set of facts, coming to a certain conclusion, and which is thereafter authoritative, to be followed from that point on, when similar or identical facts are before a court.

Precedents form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation.

When one talks of a Court establishing a precedent, it refers to the first such conclusion of a Court to such a set of facts.


 

2. In procedural matters, the word is also used from time to time to refer to an official court form, or a sample of a Court or other legal form or contract. For example, when one attorney asks another for a precedent on a certain matter, say a personal injury or a divorce action, they are not necessarily or likely refering in that context to a significant legal decision of judgment on divorce. What they are talking about is a standard or sample form or a bolierplate for initiating a personal injury or divorce action, which can then be used to fashion a similar document, with changes on points of detail.

Private law book publishers offer binders full of proposed precedents or "boilerplates" on virtually every type of contract or court document available.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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