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Related to binding precedents: precedent, Stare decisis, Legal precedent, Persuasive precedent


Etymology: L, praecedere, to go before
a previously adjudged decision that serves as an authority in a similar case.


Cardiology A trial–Prospective Randomized Ectopy Evaluation on Dobutamine on Natrecor®–nesiritide Therapy


(pre′sĕ-dĕnt) [L. praecedere, to go before, precede]
In law, an action, ruling, or verdict that may be used as an example to be followed in the future.

Patient discussion about precedent

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References in periodicals archive ?
It is clear that if a court allots 100% weight to the fact that the Service produced the winning position, the court has used the written determination as binding precedent.
It follows from the first point that encouraging written determinations to be used as binding precedent would cause significant interference with the Service's mission to fulfill its congressional mandate.
In the binding authority case, the Service would have been additionally burdened by the use of written determinations as binding precedent because taxpayers hitherto had not been allowed to rely on them.
1995) (acknowledging that while a PLR was not binding precedent, in the absence of any Treasury regulations directly on point regarding the exclusion of tuition waivers from gross income, the PLR constituted "evidence" that the Service applied the same rule that the court's holding did); United States v.
While rules permitting citation of these decisions thus seem inevitable, it does not follow that unpublished opinions should be treated as binding precedents, or as precedents at all in the stare decisis sense.
3 (unpublished decisions "are not binding precedents," and their citation is "disfavored"; but an unpublished decision may be cited if it has "persuasive value with respect to a material issue that has not been addressed in a published opinion" and it would "assist the court in its disposition").
The modern concept of binding precedent required two conditions, reliable case reports and a settled hierarchy of courts, that were not in place until at least the mid-nineteenth century, Judge Kozinski points out.
40) By virtue of the words "at the same level," this formulation incorporates in the concept of binding precedent the law-of-the-circuit rules, existing in all circuits, which mandate that only the en banc court can overrule a panel decision.