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.
The precedent relationship in interpreting law is significant because it establishes a basis for consistency and predictability in legal decisions. Precedents serve as guiding principles for future cases, ensuring that similar cases are treated similarly. This helps maintain the rule of law and promotes fairness and equality in the legal system.
Precedent is a component of common law
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.
The relationship between precedent and statutory interpretation influences how laws are understood and applied. Precedent, or past court decisions, can guide how laws are interpreted in similar cases. Statutory interpretation involves analyzing the language and intent of laws passed by legislatures. By considering both precedent and statutory interpretation, judges can make informed decisions that uphold consistency and fairness in the legal system.
"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
Interpreting law means how you understand and apply law for effective cause.
Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that it is based solely on a legal code instead of precedent.
common law is based on precedent rather on statute law