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legal precedents

Comprehensive Analysis

1) "Legal" -- As to legal precedents 1le·gal Pronunciation: 'lE-g&l Function: adjective Etymology: Anglo-French, from Latin legalis, from leg-, lex law 1 : of or relating to law 2 a : deriving authority from or founded on law : DE JURE b : having a formal status derived from law often without a basis in actual fact : TITULAR <a corporation is a legal but not a real person> c : established by law; especially : STATUTORY 3 : conforming to or permitted by law or established rules 4 : recognized or made effective by a court of law as distinguished from a court of equity 5 : of, relating to, or having the characteristics of the profession of law or of one of its members 6 : created by the constructions of the law <a legal fiction> synonym see LAWFUL - le·gal·ly /-g&-lE/ adverb Pronunciation Symbols Lady Justice is a personification of the law. Her blindfold symbolises equality under the law, the weighing scales represent the balancing of people's interests under the law and her sword denotes the law's force of reason. Law (from Old English lagu "something laid down or fixed"; legal comes from Latin lex "law")[1] has been defined as a "system of rules",[2] as "any system of regulations to govern the conduct of the people of a community, society or nation",[3] as an "interpretive concept" to achieve justice,[4] as an "authority" to mediate people's interests,[5] and even as "the command of a sovereign, backed by the threat of a sanction".[6] Law informs everyday life and society in a wide variety of ways. Contract law regulates everything from buying a bus ticket to trading swaptions on a derivatives market. When mortgaging or renting a house, property law defines people's rights and duties towards a bank or landlord. When earning pensions, trust law protects savings. Tort law allows claims for compensation when someone or their property is harmed. But if the harm is criminalised, and the act is intentional, then criminal law offers means to prosecute the perpetrator. Society itself is built upon law. Constitutional law provides a framework for making new laws, protecting people's human rights, and electing political representatives, while administrative law allows ordinary citizens to challenge the way government bodies exercise their power. International law regulates the affairs between sovereign nation states in everything from trade, to the environment, to military action. "The rule of law," wrote the ancient Greek philosopher Aristotle..." 2) "Precedents" -- As to legal precedents 2prec·e·dent Pronunciation: 'pre-s&-d&nt Function: noun 1 : an earlier occurrence of something similar 2 a : something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same or an analogous kind <a verdict that had no precedent> b : the convention established by such a precedent or by long practice 3 : a person or thing that serves as a model Pronunciation Symbols If you are looking for other meanings of this word root, see precedence In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. The term may also refer to the collective body of case law that a court should consider when interpreting the law. When a precedent establishes an important legal principle, or represents new or changed law on a particular issue, that precedent is often known as a landmark decision. 1 Mandatory and persuasive precedent 2 Custom and case law 3 Actual court formulations of the doctrine 4 Criticism 5 See also 6 Notes A precedent that must be applied or followed is known as a binding precedent, mandatory precedent or binding authority. Under the doctrine of stare decisis, a lower court must have regard to mandatory precedent when deciding a case. Mandatory precedent is usually created by a higher court and is binding on lower courts. By definition the decisions of lower courts are not binding on higher courts, although higher courts may often adopt the legal reasoning of lower courts. One law professor has described mandatory precedent as follows: Given an determination as to the governing jurisdiction, a court is "bound" to follow a precedent of that jurisdiction only if it is directly in point. In the strongest sense, "directly in point" means that: (1) the question resolved in the precedent case is the same as the question to be resolved in the pending case, (2) resolution of that question was necessary to disposition of the precedent case; (3) the s..." 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