What is a Precedent?
A Precedent refers to previously decided cases that serve as the basis and authority for determining future cases. Decisions made in past cases, especially by higher courts, become the law regarding similar situations.
]Precedent refers to a legal principle or decision established in a previous case that is authoritative and serves as a guide for deciding similar issues in subsequent cases. It forms the basis for legal reasoning and interpretation, ensuring consistency, predictability, and stability in the application of law over time.
According to Black’s Law Dictionary, precedent is defined as “a decided case that furnishes a basis for determining later cases involving similar facts or issues.” As such, a case can establish the basis for other cases in one of two ways. The first is a binding prescient in which decisions from higher courts within the same jurisdiction that lower courts must follow when deciding similar cases. The second is a persuasive precedent in which decisions from courts in other jurisdictions or from lower courts within the same jurisdiction are influential but not binding on the court.
Precedents play a crucial role in the common law system, where judges interpret and apply legal principles established in previous cases to resolve current disputes. They help ensure fairness, promote uniformity in legal outcomes, and contribute to the development of legal doctrines and principles over time.The principles of stare decisis (Latin for “to stand by things decided”) underscore the importance of adhering to precedents unless there is a compelling reason to deviate, allowing for stability in the law.
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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What is the Coming and Going Rule in Workers’ Comp?
Workers’ Comp Coming and Going Rule: How it Affects Your Claim
Workers’ compensation is insurance that provides financial aid to employees to cover the medical expenses and lost wages due to work-related illnesses, diseases, and injuries. The Pennsylvania Workmen’s (Workers’) Compensation Act was enacted in 1915 and is mandatory for most employers across the state. The insurance is meant to benefit both the employee and the employer, protecting the employee in cases of illness and injury on the job, and the employer from being sued for such cases. Compensation is roughly 66% of the employee’s average weekly wage.
There is an exception, however, to workers’ comp. It’s called the Going and Coming Rule.
What is the Going and Coming Rule?
According to DMV.ORG, the Going and Coming Rule is when an employee gets into an accident and/or is injured commuting either to or from work. […]
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Employees sue companies in public nuisance lawsuits
COVID-19, workplace protections, and public nuisance lawsuits
The coronavirus pandemic has drawn attention to issues related to workplace safety and employee protections.
This week, the Pennsylvania Department of Health issues a new order requiring hospitals to better protect healthcare workers from the coronavirus. Hospitals will be required to provide respirators to staff involved in direct care of COVID-19 patients, replace soiled or damaged respirators on request, require universal masking, and notify staff members who have been in close contact with someone who has tested positive for COVID-19. They must also provide testing for their workers. These changes come after months during which nurses and other healthcare workers complained of inadequate protections, rationing PPE, and other safety concerns.
Workers suing McDonalds, Amazon test public nuisance theory in workplace safety lawsuits
Employees at McDonalds and Amazon seeking better workplace conditions have taken legal action against their employers. […]
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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times
As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”
Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]
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