3 ms·
Isn't it a crucial feature of a precedent that it actually precedes the question to be resolved?
by andreasvc 10y ago
Isn't it a crucial feature of a precedent that it actually precedes the question to be resolved?
- Tenhundfeld 10y agoOr does it just require that one judgement precedes the other? Imagine two related suits filed within weeks of each other, A & B. B, the later-filed one, gets resolved quickly, for whatever reason, maybe it has a narrower focus. It seems the lawyers and judge in A, filed-earlier but still ongoing, could look to B for precedent since it is a relevant piece of settled law. IANAL, and I can see arguments on both sides of the issue, depending on the exact matter under discussion. But logically, it seems that the judgement is what matters most for precedent, not when the suit was filed or when the incidents happened. It's an interesting question though. I hope a lawyer can set us straight.