Precedent
Precedent
Precedent (/ˈprɛsɪd(ə)nt/) is a principle or rule established in a previous legal case that is either binding on or provides guidance for the court when deciding subsequent cases with similar issues or facts.
Etymology
The term 'precedent' originates from the Latin word 'praecedentem', which means 'going before'. It was first used in the English language in the 15th century.
Related Terms
- Stare decisis: A legal doctrine that obliges courts to follow historical cases when making a ruling on a similar case.
- Case law: Law established by the outcome of former cases.
- Legal principle: A legally enforceable rule that guides judicial decision-making.
- Binding precedent: A precedent which must be followed by all lower courts under common law legal systems.
- Persuasive precedent: Precedent that a judge is not obliged to follow, but is valuable in making a judgment.
Usage in Medical Field
In the medical field, the term 'precedent' is often used in the context of medical law and ethics. For example, a legal precedent may be set when a court makes a decision in a case involving medical malpractice, which then serves as a guide for future similar cases.
External links
- Medical encyclopedia article on Precedent
- Wikipedia's article - Precedent
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