While it is possible for there to be no exact precedent, in those cases he would simply look for similar situations and judge on that. He may also ask himself whether this is the time and place for some new and groundbreaking precendent to be established, though that is rare. Finally, he may consider the likelihood of being overturned.
precedent
It means that a similar case, or cases, containing similar circumstances has been decided previously and the judge can consider this previous decision (i.e.- (precedent) in coming to his decision.
precedent
"Precedent" means "that which comes before". In making an interpretation of the law, judges will examine the decisions of judges who decided similar cases. If the case is sufficiently similar (the legal term for this is "on point"), the judge will adopt the reasoning of the earlier judge. This is called following a precedent.
"Precedent" means "that which comes before". In making an interpretation of the law, judges will examine the decisions of judges who decided similar cases. If the case is sufficiently similar (the legal term for this is "on point"), the judge will adopt the reasoning of the earlier judge. This is called following a precedent.
If a judge has ruled on the same or similar issue in the past, the current and future judges are supposed to abide by that decision unless there is an extreme or compelling reason not to follow the precedent.
The prosecutor does not send the felon the prison that is the judge's duty.
Precedent.
Submit a 'motion to re-consider' citing the new-found information as precedent.
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.
Since the issue had never been dealt with before, the judge's ruling set a precedent for how future courts would view the issue.
When a judge vacates a decision, they typically consider factors such as legal errors, new evidence, procedural irregularities, and the interests of justice in the process of overturning the ruling.