- published: 27 Jun 2014
- views: 13439
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."
In other words, precedent can be defined as "an already decided decision which furnishes the basis for later cases involving similar facts and issues."
Precedent that must be applied or followed is known as binding precedent (alternately metaphorically precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). By definition, decisions of lower courts are not binding on courts higher in the system, nor are appeals court decisions binding on local courts that fall under a different appeals court. Further, courts must follow their own proclamations of law made earlier on other cases, and honor rulings made by other courts in disputes among the parties before them pertaining to the same pattern of facts or events, unless they have a strong reason to change these rulings (see Law of the case re: a court's previous holding being binding precedent for that court).
A went to a party on the beach
round half past nine
I was reeling and dealing
But I still got left behind
By the time I found out what was wrong
I was home again
I opened up my eyes
When she turned on the light
Because I thought I’d never make it
Through the night
The first thing program sounded rather new
Home again
She said you’re gonna like it
And I’m sure about the next time
Yes you’re gonna like it
And let my mind take you away
I know I’m gonna like it
Yes I’m gonna like it
And let your mind take me away
I pushed my luck again
As I pushed her aside
Because I knew that I was heading
For a sleepless night
After all the slamming of the door
Home again
She said you’re gonna like it
And I’m sure about the next time
Yes you’re gonna like it
And let my mind take you away
I know I’m gonna like it
Yes I’m gonna like it
And let your mind take me away
Home again
She said you’re gonna like it
And I’m sure about the next time
Yes you’re gonna like it
And let my mind take you away
Hey I’m gonna like it
I’m looking forward to the next time
Yes I’m gonna like it
And let your mind take me away