from The American Heritage® Dictionary of the English Language, 4th Edition
- adj. Of, relating to, or constituting a precedent.
- adj. Having precedence.
from Wiktionary, Creative Commons Attribution/Share-Alike License
- adj. Having the force of precedent.
from the GNU version of the Collaborative International Dictionary of English
- adj. Of the nature of a precedent; having force as an example for imitation.
from The Century Dictionary and Cyclopedia
- Of the nature of a precedent; suitable for imitation; followed as a precedent.
from WordNet 3.0 Copyright 2006 by Princeton University. All rights reserved.
- adj. having precedence (especially because of longer service)
This is as close to a logical deduction as you get in precedential reasoning, but lots of people disagree.
"This is as close to a logical deduction as you get in precedential reasoning,"
Such a settlement wouldn 't "have any precedential value" for plaintiffs' attorneys in the suits, he says.
The Seventh Circuit has repeatedly held that district court opinions are not precedential and it actively discourages district courts in the Circuit from citing district court opinions.
MGA: The Seventh Circuit has repeatedly held that district court opinions are not precedential and it actively discourages district courts in the Circuit from citing district court opinions. yeah, I saw one where Easterbrook held the appellant had “waived” an argument because all he cited was district court decisions.
I am also a former dist. court law clerk whose judge made a point of instructing me that other district court opinions had no precedential value.
In the same way that the Supreme Court benefits from the give-and-take of circuit splits, circuit courts are better able to appreciate the need for them to issue a precedential opinion when the district courts are in open disagreement.
The precedential value of any decision (vertical or horizontal) is what you can get away with.
If a prior decision is precedential only to the extent that a higher court can compel compliance on a lower, then there need be no horizontal precedent.
If, however, precedential values flows from the authority of the prior decision as a declaration of law then horizontal precedent should be binding.