Original Precedent: Defining Its Role in Legal Jurisprudence
Definition & Meaning
Original precedent refers to a legal decision that establishes and applies a new legal rule. This type of precedent arises when no prior judicial ruling addresses a specific point of law. In such cases, judges create original precedents by drawing analogies to similar cases that share relevant principles. While the outcomes of these referenced cases are not legally binding, they can influence the judge's decision-making process.
Legal Use & context
Original precedents are significant in various areas of law, including civil, criminal, and family law. They often come into play when courts encounter novel legal issues that lack established rulings. Legal professionals may utilize original precedents to support arguments in court or to draft legal documents. Users can manage certain legal matters themselves using templates from US Legal Forms, which are prepared by qualified attorneys to ensure compliance with current laws.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A court may establish an original precedent when addressing a new technology's legal implications, such as the use of drones for delivery services. In the absence of existing laws, the judge may look to related cases involving aviation regulations to guide their decision.
Example 2: A judge could create an original precedent in family law regarding the custody of pets during divorce proceedings, as no prior rulings specifically address this issue. (hypothetical example)