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NeCede's

Maxim 8.10.20

Precedents are principles of law which are also conclusions, or decision in a cause; and not a process of reasoning or illustration or analogy.

Source: Rodwell v. Rowland, (N.C.) 50 S.E. 319, 327; Weisman, 88k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A precedent is a decision, not an argument — it establishes a principle of law by its holding, not by any reasoning, analogy, or illustration that may accompany it.

Where this applies

  • A lawyer citing a precedent relies on the court's actual holding — not the judge's hypothetical reasoning in a footnote — because the precedent is the decision, not the discussion.
  • A law student learns that what makes a case a precedent is its conclusion on the legal issue, not the analogies or illustrations the judge used to explain it.
  • An appellate court clarifies that the binding part of an earlier ruling is its holding, not the dictum or reasoning that surrounded it.

Legal domains

Cite this maxim

NeCede Max. 8.10.20 — Precedents are principles of law which are also conclusions, or decision in a cause; and not a process of reasoning or illustration or analogy. — Rodwell v. Rowland, (N.C.) 50 S.E. 319, 327; Weisman, 88k

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