A precedent is a case that set the basis for any later case to be judged on, if it has the same principles. This is so cases of the same type may get the same outcome, depending on the circumstances.
"Precedent" is a term often heard in legal discussions, but what does it mean? It's simply a closed legal case that sets the tone for how a particular law has been interpreted by courts in the past. One famous example is the "Scopes Monkey Trial," which set a precedent as to how the subject of evolution in schools would be handled in the US.
Precedent, in legal terms, is the decision of judges in similar court cases to yours. If there is a previous case that is similar with a decision, the judge must follow the precedent unless the facts are distinguishable.
Pronouncing judgment in a given criminal case is an example of a reactive power that the courts do have. Interpreting the law to the accused is another example.
Precedent is a component of common law
A condition precedent is a fact [act or event] which must exist or occur before a duty of immediate performance of a promise arises. (A condition precedent initiates a duty). Example, taken from law. com law dictionary: If the ship makes it to shore, the buyer agrees to pay for the freight on the ship and then unload it.
Pronouncing judgment in a given criminal case is an example of a reactive power that the courts do have. Interpreting the law to the accused is another example.
Daniels v white(1938) decision was based upon Donoghue v Stephenson
Interpreting law means how you understand and apply law for effective cause.
Precedent
"Precedent"?
The Common Law
The Common Law
Where the law does not set a precedent to be followed by Courts lower in the Court hierarchy, it must turn to the Statute (or legislation) that is prescribed in that area