Precedente

Precedente is a term used in Italian and other Romance languages to denote something that has gone before or an earlier instance. In legal contexts, a precedente (or precedent) refers to a court ruling that provides authority for future decisions on similar issues, shaping the behavior of judges and the outcome of cases.

Etymology and meaning: the word derives from Latin praecedere, meaning to go before. Through evolution in various languages, precedente came to signify both an earlier event and, in law, a ruling that influences later rulings.

Legal concept: In common-law systems, precedents can be binding under the doctrine of stare decisis, meaning that courts must follow decisions of higher courts in similar circumstances. Key distinctions include the ratio decidendi (the binding part of the decision) and obiter dicta (non-binding observations). Precedents may be overruled or distinguished when a later case presents materially different facts or legal principles. In civil-law systems, jurisprudence is generally not a primary source of law, and precedents have a weaker binding effect, though established decisions can still be persuasive and guide interpretation.

Other usages: Outside formal law, precedente can simply mean an antecedent or prior occurrence that informs current actions or judgments. As an adjective in Italian (precedente) or similar forms in related languages, it describes something that comes before or has happened previously.

See also: stare decisis, jurisprudence, case law, precedent (linguistics).