A guideline/clause as seen in a previous agreement
Depending on when the condition is expected to be performed, it is either a conditon precedent or a condition subsequent.
The word 'precedent' is a noun, a word for an earlier event or action that is regarded as an example; a decision by a court on which future decisions are based.A noun functions as the subject of a sentence or a clause, and as the object of a verb or a preposition.Example: The ruling set a precedent for cases of this kind. (direct object of the verb 'set')
binding(mandatory) precedent persuasive precedent
an appeal to precedent is a type of an appeal to precedent is a type of
The states have to follow the precedent set in Gideon v. Wainwright, 372 US 335 (1963). The US Supreme Court used the fourteenth Amendment due process clause to incorporate the Sixth Amendment right to counsel to the states. This reversed their earlier decision in Betts v Brady.
it depends on how old the precedent is, how closely related is it to the case you are looking at and the difference between your precedent and crown/defense lawyer's precedent
precedent
Precedent
precedent
The decision in Roe v. Wade, (1973) was based on the right to privacy, which was extrapolated from language in the Due Process Clause of the Fourteenth Amendment. The "privacy" precedent was set earlier in Griswold v. Connecticut, 381 US 479 (1965), which nullified laws restricting married couples' right to be counseled about the use of contraceptives.
Thomas Jefferson believed that the Louisiana Purchase was constitutional because he felt it was within his power as President to make such a purchase. He based this opinion on a combination of the Necessary and Proper Clause of the Constitution the precedent of past purchases and a belief that the Constitution was a document of enumerated powers that gave the President certain implied powers. Necessary and Proper Clause of the Constitution - Under this clause Congress is allowed to pass laws that are necessary and proper for carrying out its enumerated powers. Jefferson felt that this clause could be interpreted to include the power to purchase land from foreign nations. Precedent of Past Purchases - Jefferson noted that previous Presidents had completed land transactions with foreign powers and believed that this established a precedent for conducting such transactions.Enumerated Powers - He also recognized that the Constitution was a document of enumerated powers and that implied powers could be used to complete such transactions.Ultimately Jefferson believed that the Louisiana Purchase was constitutional because it was within his power as President to make such a purchase. He felt that such a transaction was necessary and proper for carrying out the enumerated powers of the Constitution and that the precedent of past purchases established a basis for conducting such a transaction.
This to a large extent sets a precedent for the rest of the exhibition