| slovo | definícia |
precedent
(mass) | precedent
- predchádzajúci, precedens |
precedent
(encz) | precedent,obdobný případ z minulosti n: Zdeněk Brož |
precedent
(encz) | precedent,precedens n: Zdeněk Brož |
Precedent
(gcide) | Precedent \Prec"e*dent\, n.
1. Something done or said that may serve as an example to
authorize a subsequent act of the same kind; an
authoritative example.
[1913 Webster]
Examples for cases can but direct as precedents
only. --Hooker.
[1913 Webster]
2. A preceding circumstance or condition; an antecedent;
hence, a prognostic; a token; a sign. [Obs.]
[1913 Webster]
3. A rough draught of a writing which precedes a finished
copy. [Obs.] --Shak.
[1913 Webster]
4. (Law) A judicial decision which serves as a rule for
future determinations in similar or analogous cases; an
authority to be followed in courts of justice; forms of
proceeding to be followed in similar cases. --Wharton.
[1913 Webster]
Syn: Example; antecedent.
Usage: Precedent, Example. An example in a similar case
which may serve as a rule or guide, but has no
authority out of itself. A precedent is something
which comes down to us from the past with the sanction
of usage and of common consent. We quote examples in
literature, and precedents in law.
[1913 Webster] |
Precedent
(gcide) | Precedent \Pre*ced"ent\, a. [L. praecedens, -entis, p. pr. of
praecedere: cf. F. pr['e]c['e]dent. See Precede.]
Going before; anterior; preceding; antecedent; as, precedent
services. --Shak. "A precedent injury." --Bacon.
[1913 Webster]
Condition precedent (Law), a condition which precede the
vesting of an estate, or the accruing of a right.
[1913 Webster] |
precedent
(wn) | precedent
adj 1: preceding in time, order, or significance
n 1: an example that is used to justify similar occurrences at a
later time [syn: precedent, case in point]
2: (civil law) a law established by following earlier judicial
decisions [syn: case law, precedent, common law]
3: 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"
[syn: common law, case law, precedent]
4: a subject mentioned earlier (preceding in time) |
precedent
(devil) | PRECEDENT, n. In Law, a previous decision, rule or practice which, in
the absence of a definite statute, has whatever force and authority a
Judge may choose to give it, thereby greatly simplifying his task of
doing as he pleases. As there are precedents for everything, he has
only to ignore those that make against his interest and accentuate
those in the line of his desire. Invention of the precedent elevates
the trial-at-law from the low estate of a fortuitous ordeal to the
noble attitude of a dirigible arbitrament.
|
precedent
(devil) | PRECEDENT, n. In Law, a previous decision, rule or practice which, in
the absence of a definite statute, has whatever force and authority a
Judge may choose to give it, thereby greatly simplifying his task of
doing as he pleases. As there are precedents for everything, he has
only to ignore those that make against his interest and accentuate
those in the line of his desire. Invention of the precedent elevates
the trial-at-law from the low estate of a fortuitous ordeal to the
noble attitude of a dirigible arbitrament.
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| | podobné slovo | definícia |
precedented
(mass) | precedented
- precedentný |
unprecedented
(mass) | unprecedented
- bezprecendentný, nebývalý, nebývalý, neslýchaný, neslýchaný,
bezprecendentný |
precedentný
(msas) | precedentný
- precedented |
precedentny
(msasasci) | precedentny
- precedented |
precedented
(encz) | precedented, adj: |
precedentedly
(encz) | precedentedly, adv: |
precedential
(encz) | precedential,precedenční adj: Zdeněk Brož |
precedents
(encz) | precedents,precedenty n: pl. Zdeněk Brož |
unprecedented
(encz) | unprecedented,bezprecedentní adj: Pajoshunprecedented,nebývalý Pavel Machek; Gizaunprecedented,neslýchaný Zdeněk Brož |
unprecedentedly
(encz) | unprecedentedly,nebývale adv: Zdeněk Brož |
bezprecedentní
(czen) | bezprecedentní,unprecedentedadj: Pajosh |
precedenty
(czen) | precedenty,precedentsn: pl. Zdeněk Brož |
Condition precedent
(gcide) | Precedent \Pre*ced"ent\, a. [L. praecedens, -entis, p. pr. of
praecedere: cf. F. pr['e]c['e]dent. See Precede.]
Going before; anterior; preceding; antecedent; as, precedent
services. --Shak. "A precedent injury." --Bacon.
[1913 Webster]
Condition precedent (Law), a condition which precede the
vesting of an estate, or the accruing of a right.
[1913 Webster] |
Precedent
(gcide) | Precedent \Prec"e*dent\, n.
1. Something done or said that may serve as an example to
authorize a subsequent act of the same kind; an
authoritative example.
[1913 Webster]
Examples for cases can but direct as precedents
only. --Hooker.
[1913 Webster]
2. A preceding circumstance or condition; an antecedent;
hence, a prognostic; a token; a sign. [Obs.]
[1913 Webster]
3. A rough draught of a writing which precedes a finished
copy. [Obs.] --Shak.
[1913 Webster]
4. (Law) A judicial decision which serves as a rule for
future determinations in similar or analogous cases; an
authority to be followed in courts of justice; forms of
proceeding to be followed in similar cases. --Wharton.
[1913 Webster]
Syn: Example; antecedent.
Usage: Precedent, Example. An example in a similar case
which may serve as a rule or guide, but has no
authority out of itself. A precedent is something
which comes down to us from the past with the sanction
of usage and of common consent. We quote examples in
literature, and precedents in law.
[1913 Webster]Precedent \Pre*ced"ent\, a. [L. praecedens, -entis, p. pr. of
praecedere: cf. F. pr['e]c['e]dent. See Precede.]
Going before; anterior; preceding; antecedent; as, precedent
services. --Shak. "A precedent injury." --Bacon.
[1913 Webster]
Condition precedent (Law), a condition which precede the
vesting of an estate, or the accruing of a right.
[1913 Webster] |
Precedented
(gcide) | Precedented \Prec"e*dent*ed\, a.
Having a precedent; authorized or sanctioned by an example of
a like kind. --Walpole.
[1913 Webster] |
Precedential
(gcide) | Precedential \Prec`e*den"tial\, a.
Of the nature of a precedent; having force as an example for
imitation; as, precedential transactions.
[1913 Webster]
All their actions in that time are not precedential to
warrant posterity. --Fuller.
[1913 Webster] |
Precedently
(gcide) | Precedently \Pre*ced"ent*ly\, adv.
Beforehand; antecedently.
[1913 Webster] |
Unprecedented
(gcide) | Unprecedented \Un*prec"e*dent*ed\, a.
Having no precedent or example; not preceded by a like case;
not having the authority of prior example; novel; new;
unexampled. -- Un*prec"e*dent*ed*ly, adv.
[1913 Webster] |
Unprecedentedly
(gcide) | Unprecedented \Un*prec"e*dent*ed\, a.
Having no precedent or example; not preceded by a like case;
not having the authority of prior example; novel; new;
unexampled. -- Un*prec"e*dent*ed*ly, adv.
[1913 Webster] |
precedented
(wn) | precedented
adj 1: having or supported or justified by a precedent [ant:
unprecedented] |
precedentedly
(wn) | precedentedly
adv 1: with precedent [ant: unprecedentedly] |
precedential
(wn) | precedential
adj 1: having precedence (especially because of longer service);
"precedential treatment for senior members of the firm" |
unprecedented
(wn) | unprecedented
adj 1: having no precedent; novel; "an unprecedented expansion
in population and industry" [ant: precedented] |
unprecedentedly
(wn) | unprecedentedly
adv 1: in an unprecedented manner [ant: precedentedly] |
PRECEDENTS
(bouvier) | PRECEDENTS. the decision of courts of justice; when exactly in point with a
case before the court, they are generally held to have a binding authority,
as well to keep the scale of justice even and steady, as because the law in
that case has been solemnly declared and determined. 9 M. R. 355.
2. To render precedents valid, they must be founded in reason and
justice; Hob. 270; must have been made upon argument, and be the solemn
decision of the court; 4 Co. 94; and in order to give them binding effect,
there must be a current of decisions. Cro. Car. 528; Cro. Jac. 386; 8 Co.
163.
3. According to Lord Talbot, it is "much better to stick to the known
general rules, than to follow any one particular precedent, which may be
founded on reason, unknown to us." Cas. Temp. Talb. 26. Blackstone, 1 Com.
70, says, that a former decision is in general to be followed, unless
"manifestly absurd or unjust,", and, in the latter case, ii is declared,
when overruled, not that the former sentence was bad law, but that it was
not law.
4. Precedents can only be useful when they show that the case has been
decided upon a certain principle, and ought not to be binding when contrary
to such principle. If a precedent is to be followed because it is a
precedent, even when decided against an established rule of law, there can
be no possible correction of abuses, because the fact of, their existence
renders them above the law. It is always safe to rely upon principles. See
Principle; Rewon. de 16 Vin. Ab. 499; Wesk. on Inst. h.t.: 2 Swanst. 163; 2
Jac. & W. 31; 3 Ves. 527; 2 Atk. 559; 2 P. Wms. 258; 2 Bro. C. C. 86; 1 Ves.
jr. 11; and 2 Evans Poth. 377, where the author argues against the policy of
making precedents binding when contrary to reason. See also 1 Kent,
Comm.475-77; Liv.Syst. 104-5; Gresl. Ev. 300; 16 Johns. R. 402; 20 Johns. R.
722; Cro. Jac. 527; 33 H. VII. 41; Jones, Bailment, 46; and the articles
Reason and Stare decisis.
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