| 释义 |
precedent
prec·e·dent P0509000 (prĕs′ĭ-dənt)n.1. a. An act or instance that may be used as an example in dealing with subsequent similar instances.b. Law A judicial decision that is binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts.2. Convention or custom arising from long practice: The president followed historical precedent in forming the Cabinet.adj. (prĭ-sēd′nt, prĕs′ĭ-dənt) Preceding.
[Middle English, from Old French, from Latin praecēdēns, praecēdent-, present participle of praecēdere, to go before; see precede.]precedent n 1. (Law) law a judicial decision that serves as an authority for deciding a later case 2. an example or instance used to justify later similar occurrences adj preceding prec•e•dent (n. ˈprɛs ɪ dənt; adj. prɪˈsid nt, ˈprɛs ɪ dənt)
n. 1. an act or instance that may serve as an example or justification for subsequent situations. 2. a legal decision serving as an authoritative rule or pattern in similar cases that follow. 3. established practice; custom: to break with precedent. adj. 4. preceding; prior. pre•ce•dent [1350–1400; Middle English < Latin praecēdent- (s. of praecēdēns), present participle of praecēdere to go before, precede (see -ent)] prec`e•den′tial (-ˈdɛn ʃəl) adj. precedentA decision made by a court that is taken as authorization or a standard in a subsequent case.Thesaurus| Noun | 1. | precedent - an example that is used to justify similar occurrences at a later timecase in pointexample, instance, illustration, representative - an item of information that is typical of a class or group; "this patient provides a typical example of the syndrome"; "there is an example on page 10" | | 2. |  precedent - (civil law) a law established by following earlier judicial decisionscommon law, case lawservice - (law) the acts performed by an English feudal tenant for the benefit of his lord which formed the consideration for the property granted to himcivil law - the body of laws established by a state or nation for its own regulation | | 3. | precedent - a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"case law, common lawlaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" | | 4. | precedent - a subject mentioned earlier (preceding in time)subject, theme, topic - the subject matter of a conversation or discussion; "he didn't want to discuss that subject"; "it was a very sensitive topic"; "his letters were always on the theme of love" | | Adj. | 1. | precedent - preceding in time, order, or significancepreceding - existing or coming before |
precedentnoun instance, example, authority, standard, model, pattern, criterion, prototype, paradigm, antecedent, exemplar, previous example The trial could set an important precedent for similar cases.precedentnounA closely similar case in existence or in the past:example.adjective1. Going before:advance, antecedent, anterior, earlier, preceding, previous, prior.2. Just gone by or elapsed:antecedent, anterior, earlier, foregoing, former, past, preceding, previous, prior.Translationsprecede (priˈsiːd) verb to go, happen etc before. She preceded him into the room. 先於... 先于...precedence (ˈpresidəns) noun (the right of) going before in order of importance etc. This matter is urgent and should be given precedence over others at the moment. 優先(權) 优先（权） ˌprecedent (ˈpresidənt) noun a past action, especially a legal decision, which may act as a guide or rule in the future. 先例 先列preˈceding adjectiveon the preceding page. 在前的 在前的
IdiomsSeeset a precedentprecedent
precedent Law a judicial decision that serves as an authority for deciding a later case Precedent in law, a decision delivered by a court in a specific case, the opinion for which becomes a rule that is binding on all courts of the same or lower instance in deciding analogous cases. Soviet law does not recognize precedent and does not permit the decision of criminal cases by analogy, holding that the judicial decision should be based on statutory law alone. In some countries, including Great Britain, most of the states in the United States, Canada, and Australia, legal precedent is recognized as a source of law and lies at the foundation of the entire legal system. In accordance with the prevailing doctrine in these countries, the judge who creates a legal precedent does not create a legal norm but only formulates that which follows from the common principles of law inherent in human nature. In reality the judge may always reject the application of precedent, citing some insignificant features of the particular case in order to introduce an entirely new rule. The judge also has the freedom to interpret precedent and to select from an enormous number of precedents; in other words, there is an enormous potential for judicial discretion and arbitrary legal actions. In legal writing and in practice, systems of law based on precedent are often called systems of judge-made law. In a number of bourgeois countries, including France, the Federal Republic of Germany, and Belgium, precedent is important for deciding questions of the application of law, filling gaps in the law, and recognizing custom and commercial practices. On the basis of precedent, existing legislation is supplemented, and statutory law is interpreted. precedent
PRECEDENT Cardiology A trial–Prospective Randomized Ectopy Evaluation on Dobutamine on Natrecor®–nesiritide Therapyprecedent (pre′sĕ-dĕnt) [L. praecedere, to go before, precede] In law, an action, ruling, or verdict that may be used as an example to be followed in the future.Patient discussion about precedentQ. How to deal with stress before exams? I am a college student and get very stressed out before tests. Are there good methods to relieve stress?A. Have you tried aromatherapy? the scents of the essential oils can activate the limbic system of your brain, helping to relieve stress and increase alertness before your exams.
This articles recommends a good custom blend of essential oils when using Aromatherapy for Stress:
http://www.altmd.com/Articles/Aromatherapy-Essential-Oils-for-Stress Q. For those that had an epimacular membrane removed, how long was it before your eye healed? How was your vision afterwards? Do you now require or benefit from glasses?A. Epimacular membrane removal can be associated with a variety of ocular conditions and therefore the healing process varies tremendously depending on the underlying pathology. Furthermore, this condition may recur. Q. what genetic exams should i do during and before pregnancy to secure the unborn child? A. there is a wide variety of pre-gestational genetic testsing that can be done, for several inherited diseases, depending on your origin. You have to consult your gynecologist in order to know exactly what can be tested nowadays and whether or not there is a need. More discussions about precedentprecedent
Related to precedent: Stare decisis, set a precedent, Legal precedentPrecedentA court decision that is cited as an example or analogy to resolve similar questions of law in later cases. The Anglo-American common-law tradition is built on the doctrine of Stare Decisis ("stand by decided matters"), which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability, stability, fairness, and efficiency in the law. Reliance upon precedent contributes predictability to the law because it provides notice of what a person's rights and obligations are in particular circumstances. A person contemplating an action has the ability to know beforehand the legal outcome. It also means that lawyers can give legal advice to clients based on settled rules of law. The use of precedent also stabilizes the law. Society can expect the law, which organizes social relationships in terms of rights and obligations, to remain relatively stable and coherent through the use of precedent. The need is great in society to rely on legal rules, even if persons disagree with particular ones. Justice louis d. brandeis emphasized the importance of this when he wrote, "Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right" (Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 52 S. Ct. 443, 76 L. Ed. 815 [1932]). Reliance upon precedent also promotes the expectation that the law is just. The idea that like cases should be treated alike is anchored in the assumption that one person is the legal equal of any other. Thus, persons in similar situations should not be treated differently except for legally relevant and clearly justifiable reasons. Precedent promotes judicial restraint and limits a judge's ability to determine the outcome of a case in a way that he or she might choose if there were no precedent. This function of precedent gives it its moral force. Precedent also enhances efficiency. Reliance on the accumulation of legal rules helps guide judges in their resolution of legal disputes. If judges had to begin the law anew in each case, they would add more time to the adjudicative process and would duplicate their efforts. The use of precedent has resulted in the publication of law reports that contain case decisions. Lawyers and judges conduct legal research in these reports seeking precedents. They try to determine whether the facts of the present case precisely match previous cases. If so, the application of legal precedent may be clear. If, however, the facts are not exact, prior cases may be distinguished and their precedents discounted. Though the application of precedent may appear to be mechanical, a simple means of matching facts and rules, it is a more subjective process. Legal rules, embodied in precedents, are generalizations that accentuate the importance of certain facts and discount or ignore others. The application of precedent relies on reasoning by analogy. Analogies can be neither correct nor incorrect but only more or less persuasive. Reasonable persons may come to different yet defensible conclusions about what rule should prevail. The judicial system maintains great fidelity to the application of precedents. There are times, however, when a court has no precedents to rely on. In these "cases of first impression," a court may have to draw analogies to other areas of the law to justify its decision. Once decided, this decision becomes precedential. Appellate courts typically create precedent. The U.S. Supreme Court's main function is to settle conflicts over legal rules and to issue decisions that either reaffirm or create precedent. Despite the Supreme Court's reliance on precedent, it will depart from its prior decisions when either historical conditions change or the philosophy of the court undergoes a major shift. The most famous reversal of precedent is brown v. board of education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954), in which the Supreme Court repudiated the "separate but equal" doctrine of plessy v. ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896). This doctrine had legitimated racial Segregation for almost sixty years but finally gave way in Brown, when a unanimous court ruled that separate but equal was a denial of Equal Protection of the laws. Cross-references Case Law; Court Opinion. precedent1) n. a prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment. Thus, "the rule in Fishbeck v. Gladfelter is precedent for the issue before the court in this case." The doctrine that a lower court must follow a precedent is called stare decisis (star-ay dee-sigh-sis). 2) adj. before, as in the term "condition precedent," which is a situation which must exist before a party to a contract has to perform. (See: stare decisis) precedent previously decided case. One practical aspect of justice is that like cases be treated alike; lawyers consult the reports of previously decided court cases. How a particular system uses precedent is another matter. Continental systems such as the French and German allow that a series of cases interpreting the code will carry great weight. In the Anglo-American system the rules are far stricter, with courts being bound to follow previous decisions. These rules are often considered under the doctrine of STARE DECISIS.FinancialSeeBinding Authorityprecedent
Related to precedent: Stare decisis, set a precedent, Legal precedentSynonyms for precedentnoun instanceSynonyms- instance
- example
- authority
- standard
- model
- pattern
- criterion
- prototype
- paradigm
- antecedent
- exemplar
- previous example
Synonyms for precedentnoun a closely similar case in existence or in the pastSynonymsadj going beforeSynonyms- advance
- antecedent
- anterior
- earlier
- preceding
- previous
- prior
adj just gone by or elapsedSynonyms- antecedent
- anterior
- earlier
- foregoing
- former
- past
- preceding
- previous
- prior
Synonyms for precedentnoun an example that is used to justify similar occurrences at a later timeSynonymsRelated Words- example
- instance
- illustration
- representative
noun (civil law) a law established by following earlier judicial decisionsSynonymsRelated Wordsnoun a system of jurisprudence based on judicial precedents rather than statutory lawsSynonymsRelated Wordsnoun a subject mentioned earlier (preceding in time)Related Wordsadj preceding in time, order, or significanceRelated Words |