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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.
Table of content
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.
Key legal elements
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)
Comparison with related terms
Term
Definition
Key Differences
Binding Precedent
A legal decision that must be followed by lower courts in the same jurisdiction.
Original precedents are not binding; they may only serve as persuasive authority.
Stare Decisis
The legal principle of adhering to established precedents.
Stare decisis applies to existing precedents, while original precedents create new legal rules.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where an original precedent may apply, consider researching similar cases to understand how judges have ruled in the past. You can also explore US Legal Forms for templates that can help you draft necessary legal documents. If your case is complex or involves significant legal questions, consulting with a legal professional is advisable.
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