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Precedent
PrecedentA case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedent form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation. RELATED TERMS-------------------------------------- Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Principles By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles. Conclusion 1) Practice. Making the last argument or address to the court or jury. 2) remedies. An estoppel; a bar; the act of a man by which he has confessed a matter or thing which he can no longer deny. Point Practice. A proposition or question arising in a case. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Court A body in government to which the administration of justice is delegated. Precedent A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedent form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation. Reasonable Conformable or agreeable to reason; just; rational. Expectation That which may be expected, although contingent. In the doctrine of life annuities, that share or number of the years of human life which a person of a given age may expect to live, upon an equality of chances. SIMILAR TERMS-------------------------------------- Precarious right The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke it. Precarium The name of a contract among civilians, by which the owner of a thing at the request of another person, gives him a thing to use as long as the owner shall please. Precatory words Expressions in a will praying or requesting that a thing shall be done. Precedence The right of being first placed in a certain order, the first rank being supposed the most honorable. Precept A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command. Precinct The district for which a high or petty constable is appointed, is in England, called a precinct. Precipe Precipe or parecipe. Practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same. Preciput French law. An object which is ascertained by law or the agreement of the parties, and which is first to be taken out of property held in common, by one having a right, before a partition takes place. Precludi non Pleading. A technical allegation contained in a replication which denies or confesses and avoids the plea. Precognition Scotch law. The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is ground for a trial, and to serve for direction to the prosecutor. But the persons examined may insist on having their declaration cancelled before thev give testimony at the trial. Precontract An engagement entered into by a person, which renders him unable to enter into another; as a promise or covenant of marriage to be had afterwards. When made per verba de presenti, it is in fact a marriage, and in that case the party making it cannot marry another person. PREVIOUS AND NEXT TERMS-------------------------------------- Preamble A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles are also frequently put in contracts to, explain the motives of the contracting parties. Precarious right The right which the owner of a thing transfers to another, to enjoy the same until it shall please the owner to revoke it. Precarium The name of a contract among civilians, by which the owner of a thing at the request of another person, gives him a thing to use as long as the owner shall please. Precatory words Expressions in a will praying or requesting that a thing shall be done. Precedence The right of being first placed in a certain order, the first rank being supposed the most honorable. Precedent Precept A writ directed to the sheriff or other officer, commanding him to do something. The term is derived from the operative praecipimus, we command. Precinct The district for which a high or petty constable is appointed, is in England, called a precinct. Precipe Precipe or parecipe. Practice. The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same. Preciput French law. An object which is ascertained by law or the agreement of the parties, and which is first to be taken out of property held in common, by one having a right, before a partition takes place. Precludi non Pleading. A technical allegation contained in a replication which denies or confesses and avoids the plea. We thank you for using the Juridical Dictionary to search for Precedent. If you have a better definition for Precedent than the one presented here, please let us know by making use of the suggest a term option. This definition of Precedent may be disputed by other professionals. Our attempt is to provide easy definitions on Precedent and any other medical topic for the public at large.
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