JD Next Practice Exam

Question: 1 / 400

Define 'precedent' in legal terms.

A previous court decision that serves as a rule or example in subsequent cases

In legal terms, 'precedent' refers to a previous court decision that serves as a rule or example in subsequent cases. This concept is fundamental to the legal system, particularly in jurisdictions that follow the principle of stare decisis, whereby courts are encouraged to follow the rulings of previous cases when the facts and issues are similar. Precedent helps ensure consistency and predictability in the law, as it provides a framework for judges to make decisions on new cases based on established legal principles.

The presence of precedent allows for the evolution of the law over time while maintaining stability, as courts can build upon previous rulings rather than starting from scratch with each new case. This reliance on earlier decisions also provides attorneys and clients with an understanding of how the law is likely to be applied, which is crucial for legal strategy and planning.

In contrast, other options do not accurately reflect the definition of precedent. A proposed but not enacted law relates to legislative processes rather than judicial decisions. A new case that changes existing law refers to the potential for judicial rulings to overturn or alter precedents but doesn't capture the essence of what precedent itself is. Lastly, a written statement outlining legal arguments refers to legal briefs or memoranda, which are part of the litigation process but

Get further explanation with Examzify DeepDiveBeta

A law that is proposed but not yet enacted

A new case that changes existing law

A written statement that outlines legal arguments

Next Question

Report this question

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy