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| | Precedent - Wikipedia, the free encyclopedia |
 | | Precedent in law can be created by custom and case law. | | | Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts. | | | Lower court decisions, by definition, cannot be binding on higher courts, although appellate courts often adopt the legal reasoning of lower courts. |
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http://en.wikipedia.org/wiki/Precedent
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| | Legal Definition of Precedent |
| | Generally, decisions of higher courts (within a particular system of courts) are mandatory precedent on lower courts within that system--that is, the principle announced by a higher court must be followed in later cases. | | | The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. | | | To render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions. |
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http://www.lectlaw.com/def2/p069.htm
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| | [No title] |
| | The doctrine of precedent states that a decision made by a court in one case is binding on other courts in later cases involving similar facts. | | | Is the Court of Appeals overly fettered by precedent? | | | All decisions create at least a persuasive precedent, the degree of persuasiveness depending on the position of the court in the legal hierarchy and the contemporaneity of the decision. |
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http://members.lycos.co.uk/lawnet/PRECED.HTM
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| | [No title] |
| | Gladfelter is precedent for the issue before the court in this case." The doctrine that a lower court must follow a precedent is called stare decisis 2) adj. | | | before, as in the term "condition precedent," which is a situation which must exist before a party to a contract has to perform. |
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http://dictionary.law.com/definition2.asp?selected=1573&bold=
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| | California Department of Social Services - Community Care Licensing Division - Decisions Relied Upon as Precedent |
| | Precedent is binding upon any case filed by the Department, to the extent that a case involves the same facts, legal or policy issues determined in the precedent. | | | The authority to establish precedent for administrative matters, by identifying cases and certifying them, was established fairly recently although precedent is used routinely by judges in other civil cases and in criminal cases. | | | Precedent is important to parties in a legal case involving the Department, because the precedent establishes what the Department has done in the past, and why. |
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http://ccld.ca.gov/DecisionsR_1780.htm
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| | Stare Decisis vs. Binding Precedent |
| | Precedent is binding if a higher court has made a decision or interpretation that a lower court must follow. | | | precedent as: "the decision of a court in a prior case controls the | | | of a court in one case procides a precedent for the decision of future |
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http://www.lawschooldiscussion.org/students/index.php?topic=2143.msg14647
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| | PRECEDENT AND JUDICIAL POWER AFTER THE FOUNDING |
| | As usually stated, the doctrine of precedent at its core is that the holding of a case must be followed in similar cases, until overruled. | | | In Anastasoff, the Eighth Circuit faced precedent in which, except for the fact that it was an unpublished decision, there was no question of distinguishing or the “game of case matching.” Faye Anastasoff sought relief in the district court from the refusal of the IRS to consider her claim for a tax refund. | | | Even Justice Holmes, who was generally revolted at the notion that a court must follow precedent simply because a court had decided a question before,161 would have been revolted at the opposite notion—that a court need not even consider what it decided in a prior similar case. |
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http://www.bc.edu/bc_org/avp/law/lwsch/journals/bclawr/42_1/02_TXT.htm
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| | Stare Decisis and Techniques of Legal Reasoning and Legal Argument |
| | Adherence to precedent must then be the rule rather than the exception if litigants are to have faith in the even-handed administration of justice in the courts. | | | The lawyer can argue that while the precedent case does stand for the legal proposition for which it has been cited, the case at bar is different; that is, the cases are factually distinguishable. | | | The lawyer can argue that while the precedent case does stand for the legal proposition for which it has been cited, the case has been effectively overruled by a decision of a high court or by the introduction of a new statute. |
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http://legalresearch.org/docs/perell.html
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| | Edward Whelan on John Roberts & Abortion on National Review Online |
| | The first hurdle — overturning Casey as a precedent for applying principles of stare decisis to Roe — is easily cleared: The principles of stare decisis invoked in Casey were contrived for that case and are in conflict with the Court's other precedents on precedent (such as Lawrence v. | | | Roberts's statement that Casey is "settled as a precedent of the Court, entitled to respect under principles of stare decisis" is definitional boilerplate in Roberts's usage. | | | Casey on whether or not to revisit Roe, and second, the precedent in Roe, as modified by Casey, on what abortion regulations are permissible and on the standard of review to be applied to them. |
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http://www.nationalreview.com/whelan/whelan200509191136.asp
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| | Precedent Systems, Inc. v Precedent Software, Inc. - Case No. 95473 |
| | Bad faith was alleged on the grounds that the original registration violated the terms of the Network Solutions license agreement in that Respondent knew the existence of Precedent Systems and made no effort to determine whether they were violating the trademark rights of Complainant. | | | Respondent maintained that it’s registration and use of the disputed domain name was legitimate and not in violation of the policy. | | | None of these marks including the Complainant’s dealt specifically with development services therefore Respondent believed it’s use of the phrase "precedent software" was legally permissible. |
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http://www.arbforum.com/domains/decisions/95473.htm
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| | Roberts: Precedent Settles Abortion Ruling |
| | Stare decisis is Latin for "to stand by a decision" and legally translates into the doctrine that says courts are bound by previous decisions, or precedents, particularly when a case has been decided by a higher court. | | | "Well, beyond that, it's settled as a precedent of the court, entitled to respect under principles of stare decisis. | | | And those principles, applied in the Casey case, explain when cases should be revisited and when they should not," Roberts said. |
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http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/09/13/national/w072607D51.DTL
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| | CUIAB - Precedent Decisions |
| | The Unemployment Insurance (UI) Code specifically authorizes the Board to consider, decide and designate as precedent decisions those cases that contain a significant legal or policy determination of general application that is likely to recur. | | | The CUIAB publishes an index to provide the public knowledge of and access to the precedent decisions. | | | This body of case law is developed through the CUIAB's adjudicatory process and contains the Appeals Board's definitive expression on unemployment, disability, and tax matters. |
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http://www.cuiab.ca.gov/precedent_decisions.htm
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| | definition of precedent |
| | A judicial decision which serves as a rule for future determinations in similar or analogous cases; an authority to be followed in courts of justice; forms of proceeding to be followed in similar cases. | | | Something done or said that may serve as an example to authorize a subsequent act of the same kind; an authoritative example. | | | Act, Antecedent, Anterior, As, Authority, Be, Copy, Future, In, Justice, May, Or, Precedent, Rule, Same, Services, Sign, That, To, Token, Which, Writing |
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http://www.brainydictionary.com/words/pr/precedent205784.html
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| | SSRN-An Originalist Theory of Precedent by Lee Strang |
| | I will initially describe the problem that precedent has posed for scholars and courts in the area of constitutional adjudication. | | | Then, I will argue that courts should not overrule nonoriginalist constitutional precedent only when overruling the precedent would gravely harm society's pursuit of the common good. | | | In constitutional adjudication, therefore, judges may only apply the positive law of the Constitution and may not, generally, directly apply natural law norms. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=772165
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| | Slublog: Setting Precedent |
| | Another precedent being set by the courts is that a man who has given up on a marriage still retains legal rights in that marriage. | | | Listed below are links to weblogs that reference Setting Precedent: | | | If she is allowed by the courts to starve to death, it sets a disturbing legal precedent on how our society treats people with severely impaired brain function, such as those with cerebral palsy. |
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http://www.slublog.com/archives/2005/03/setting_precede.html
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| | The Byrd precedent - PittsburghLIVE.com |
| | Byrd's fourth change of Senate procedure came in 1987 against Sen. John Warner, R-Va., who was attempting to prevent a vote on a defense authorization bill. | | | The facts on Byrd's hypocrisy are made clear in a recently published article in the Harvard Journal of Law and Public Policy, "The Constitutional Option to Change Senate Rules and Procedures: A Majoritarian Means to Overcome the Filibuster." | | | Two years later, Byrd again manipulated the Senate rules by establishing a precedent to curb the practice of adding legislative amendments to appropriation bills. |
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http://pittsburghlive.com/x/tribune-review/opinion/columnists/guests/s_324683.html
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| | DoD News: DoD Announces Detainee Allowed Access to Lawyer |
| | DoD is allowing Hamdi access to counsel as a matter of discretion and military policy; such access is not required by domestic or international law and should not be treated as a precedent. |
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http://www.defenselink.mil/releases/2003/nr20031202-0717.html
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| | The Enquirer - Treatment of Padilla has precedent |
| | Hardly a case of judicial abuse, the Padilla case has significant legal and historical precedent. | | | After receiving intelligence information and recommendations from both the attorney general and secretary of defense, President Bush signed off on the decision to treat Padilla as an enemy combatant. | | | Copyright © 1995-2006: Use of this site signifies agreement to terms of service and privacy policy updated 10/05/2005. |
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http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050308/EDIT02/503080312/1021/EDIT
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| | A Big Question About Clarence Thomas (washingtonpost.com) |
| | Four years ago, Rehnquist echoed Marshall in a case that reaffirmed the Miranda warning given before police interrogations, stating that stare decisis "carries such persuasive force that we have always required a departure from precedent to be supported by some 'special justification.' " | | | Stare decisis is a fancy Latin term that stands for a bedrock proposition of U.S. law: that the Supreme Court will uphold precedent and not disturb settled law without special justification. | | | As Justice Thurgood Marshall explained for the court in 1986, stare decisis is the "means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion." |
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http://www.washingtonpost.com/wp-dyn/articles/A31117-2004Oct13.html
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| | [No title] |
| | "There's one case I remember, the Williams court-martial from 2247 - way, way back, but the precedent's still part of case law. | | | Obsolete ship specs, minor historical figures," Janeway looked up from her coffee and looked Tom full in the face, "old legal precedents," she looked back at her cup, "that sort of thing." There was a cue there. | | | Was there more to Tom disobeying orders than met the eye? |
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http://www.geocities.com/dave.rogers/fanfic/precedent.txt
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| | The Legacy of Guantanamo |
| | But before they were allowed into this country, the INS did something unprecedented: It tested them for HIV/AIDS and, under a 1987 statute barring HIV-positive immigrants, denied those found afflicted entry to the United States. | | | By right and precedent, the refugees should have been flown to the United States to apply for asylum, since they had all proved they had "credible fear of persecution" in Haiti. | | | But before their boats could each Cuba, the Caribbean, or Florida--any port that would take them--they were plucked from the high seas by the US Coast Guard and forced to a large refugee-processing camp on Guantanamo Bay. |
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http://www.thenation.com/doc/20030721/ratner
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| | SSRN-Precedent by Lawrence Alexander, Emily Sherwin |
| | Keywords: legal precedent, judicial reasoning, rule-based precedent, legal decision making | | | A rule-based model is also superior to several popular attempts at compromise, which call on judges to reason from the results of prior cases or from principles immanent in the body of precedent. | | | If judges reasoned flawlessly, the ideal approach to precedent would give prior judicial opinions only the weight they naturally carry in moral reasoning. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=591666
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| | OpinionJournal - Extra |
| | Proponents of redefining marriage to include same-sex unions dismiss as alarmist the concern that it will set a precedent for incest and polygamy. | | | But progressives and traditionalists alike should see the social advantage of the not-too-distant eventuality of all such unions--and mandate them. | | | Will same-sex marriage lead to incest and polygamy? |
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http://www.opinionjournal.com/extra?id=110004942
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| | Stones Cry Out: Ginsburg Precedent |
| | Listed below are links to weblogs that reference Ginsburg Precedent: | | | Hugh Hewitt posts the relevant quotes from Justice Ginsburg, which set the “Ginsburg Precedent.” I heard Brit Hume discuss this last night following Chuck Schumer’s press conference and wanted to learn more. | | | Posted by Rick at July 20, 2005 11:02 AM Trackback Pings |
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http://www.stonescryout.org/archives/2005/07/ginsburg_preced.html
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| | USATODAY.com - Democrats question Roberts' vow to follow precedent |
| | Some Senate Democrats have also cautioned against "judicial activism," although their definition refers to judges who would ignore legal precedent and overturn more liberal Supreme Court decisions in the 1960s and 1970s, such as the Roe v. | | | WASHINGTON (AP) — John Roberts says he will honor established Supreme Court rulings, telling a Senate committee that legal precedents are important to "promoting the stability of the legal system." | | | "Precedent plays an important role in promoting the stability of the legal system," he added. |
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http://www.usatoday.com/news/washington/2005-08-03-roberts-rulings_x.htm
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| | precedent. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000. |
| | Law A judicial decision that may be used as a standard in subsequent similar cases: a landmark decision that set a legal precedent. | | | An act or instance that may be used as an example in dealing with subsequent similar instances. | | | Convention or custom arising from long practice: The President followed historical precedent in forming the Cabinet. |
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http://www.bartleby.com/61/90/P0509000.html
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| | PFA Launches 'Ginsburg Precedent' Video |
| | Justice Ginsburg was confirmed by the Senate on a vote of 96-3 (8/3/93). | | | "This is about precedent for a fair process, not politics." Despite her background as a very liberal ACLU attorney, the following are facts about Justice Ginsburg's hearing: * Lasted a total of 4 days. | | | Terms and conditions, including restrictions on redistribution, apply. |
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http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/08-18-2005/0004090763&EDATE=
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| | 403 Forbidden |
| | You don't have permission to access /Precedent on this server. |
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http://open-encyclopedia.com/Precedent
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| | The Manila Times Internet Edition OPINION > ‘Dangerous precedent’ |
| | The dangerous precedent is that the United Nations Security Council failed to stand up to the bullying of the Americans. | | | The dangerous precedent is that the United Nations Security Council failed to stand up to the bullying of the Americans." | | | America would destroy Iraq even without the participation of any other country, including the powerful United Kingdom. |
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http://www.manilatimes.net/national/2004/jul/26/yehey/opinion/20040726opi2.html
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| | [No title] |
| | A precedent is at greater risk of being overruled if the Court previously)Tj 377.0400 0.0000 TD (interpreted it in a)Tj 0.00 0.00 0.00 rg -377.0400 -28.3200 TD (negative manner. | | | This result i)Tj 100.0800 0.0000 TD (ndicates that,)Tj 0.00 0.00 0.00 rg -396.4800 -28.3200 TD 0.0000 Tc 0.0000 Tw (for example, liberal precedents are more likely to be overruled by)Tj 313.5600 0.0000 TD (more conservative Courts. | | | In)Tj 0.00 0.00 0.00 rg -422.1600 -28.3200 TD 0.0000 Tc 0.0000 Tw (addition, for this hypothetical case the Court becomes slowly more)Tj 320.2800 0.0000 TD (ideologically distant from the)Tj 0.00 0.00 0.00 rg -320.2200 -28.3200 TD (precedent as time progresses. |
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http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1030&context=csls
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| | FAMILY CODE - CHAPTER 160 |
| | The gestational mother's eggs may not be used in the assisted reproduction procedure. | | | (e) The parties to a gestational agreement must enter into the agreement before the 14th day preceding the date the transfer of eggs, sperm, or embryos to the gestational mother occurs for the purpose of conception or implantation. |
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http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000160.00.htm
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| | GTAGaming.com - The #1 Grand Theft Auto Resource |
| | This contest is much like the game Horse, where one person shoots a basketball from a position on the court, then the next person has to mimic their shot and make the basket. | | | Once they do, that person then sets the precedent for the next person. | | | You slam your car into a wall, do a backflip squishing a person on your landing, a bonus yes, but not part of the trick. |
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http://www.gtagaming.com/gtagaming/precedents
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| | 2600 NEWS: FORD TAKES 2600 TO COURT |
| | But it's not the four letter word that's the issue in this lawsuit but rather the criticism of the corporate entities involved. | | | If you point to someone without their specific permission, you could find yourself being sued. | | | It's very important to realize what such a precedent would mean. |
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http://www.2600.com/news/display.shtml?id=297
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| | Precedent |
| | Precedent communications are the creative force behind the two site designs that are generated out of the MCMS.RAPID package. | | | Precedent has developed designs and information architectures for many private and government sector clients and ensures the design layer deliveries conform at the highest levels to the standards and guidelines set down by the WAI, W3C, RNIB, Bobby and e-government amongst others without compromising the aesthetics of design. | | | We are experts in delivering engaging user centric designs and can help you deploy MCMS.RAPID with your own look and feel. |
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http://www.mcmsrapid.com/About/Precedent.htm
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| | CUIAB - Precedent Decisions A-D |
| | This index organizes precedent decisions around a key word or phrase. | | | Precedent Benefit Decisions (Unemployment Insurance) - includes one Precedent Miscellaneous Decision | | | Note: The precedents on this Web site are replicas of the official documents and are in Adobe's Portable Document Format (PDF). |
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http://www.cuiab.ca.gov/precedent_decisions_Numerical.htm
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| | Wired News: Chat Room Rants Protected |
| | The ruling on the case -- Global Telemedia International vs. Does -- found that the chat-room banter posted by the defendants were statements of opinion, not fact. | | | Electronic privacy experts say that distinction sets an important legal precedent. | | | A Los Angeles judge dismissed a lawsuit last Friday that sought to collect damages from "John Does" who criticized the company anonymously on Internet message boards. |
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http://www.wired.com/news/politics/0,1283,42039,00.html
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| | Creating a New Precedent |
| | “There are some good lessons to be learned about dual citizenship from the Precedent that can be shared with other IR business units,” says Vice President of Sourcing Phil Gaffney. | | | More than 40 council members traveled to Augusta with a single purpose—to thoroughly dissect the new golf car, piece by piece, fastener by fastener, circuit by circuit and idea by idea. | | | The Precedent required Club Car to redo its entire assembly process. |
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http://www.ingersollrand.com/pressroom/irworld/archives/irw1q04/precedent1q04.html
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| | MS Java Ruling Sets IT Precedent |
| | Over time, observers say, the biggest consequence could be the precedent of a judge -- and not engineers, software companies or even users -- deciding what is installed on personal computers. | | | Posted by: Dion Almaer on January 07, 2003 @ 08:23 AM If a judge's order takes effect forcing Microsoft to include Sun Microsystems' Java software in the Windows operating system, neither the companies nor PC users will see much immediate impact. |
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http://www.theserverside.com/news/thread.tss?thread_id=17278
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| | Wordsmyth |
| | The judge's decision was based on precedents rather than on legal theory. | | | Her high grades set a precedent for the class ; There is no precedent for this new rule. | | | (1), previous (2), anterior (2), preceding, foregoing, antecedent, preexistent {preexist (vt)} |
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http://www.wordsmyth.net/live/home.php?script=search&matchent=precedent&matchtype=exact
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| | Cambridge Dictionaries Online - Cambridge University Press |
| | Precedent indicated that a change would take place sooner rather than later. | | | Conditions have changed enormously, and the past is not much of a precedent. |
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http://dictionary.cambridge.org/results.asp?dict=A&searchword=precedent
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| | Precedent Homes |
| | The Precedent Homes family takes pride in providing a great deal of personal service, superior workman-ship, and lasting value. | | | As his family business grew, it was only natural to turn to home building. | | | When describing Precedent Homes the word "family" comes to mind...in the way we do business and the way we treat you as a client. |
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http://www.precedenthomes.com
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| | Precedent seminars |
| | This new Precedent seminar examines conventions and new user interactions with the websites of today and tomorrow. | | | Book your place here or for further details email katy.wilkins@precedent.co.uk | | | Farhan Lalji will be looking at recent advances in online media and how to make the most of new innovations such as syndication, blogging, search, tagging and mobile technologies. |
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http://www.precedent.co.uk/seminars
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| | Precedent Furniture - home |
| | Precedent Furniture is represented by many independent retailers throughout the U.S. by zip code | | | Independent retailers display differing selections of Precedent Furniture as well as other brands. |
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http://www.precedent-furniture.com
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| | AskOxford: precedent |
| | • adjective /priseed’nt, pressi-/ preceding in time, order, or importance. |
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http://www.askoxford.com/concise_oed/precedent?view=uk
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| | Jerusalem Post: INCENDIARY PRECEDENT@ HighBeam Research |
| | Thursday, January 24, 2002 -- Sir, - I recently came across words referring to the publication of a revised Old Testament (authored by David Frischmann; an adherent of the Haskala Movement), which put me in mind of the recent burning of a New Testament in the school in Beit Shemesh. | | | Search for more information on HighBeam Research for. | | | Headline: INCENDIARY PRECEDENT Byline: VARDA EPSTEIN Edition; Daily Section: Opinion Page: 06 |
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http://www.highbeam.com/library/doc0.asp?DOCID=1P1:49779591&refid=holomed_1
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| | Precedent Studies |
| | • understanding how the precedent's physical form was influenced by a variety of diverse cultural and environmental factors; |
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http://www.larch.psu.edu/courseWebsites/LArch445f04/mainpages/Precedent.htm
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| | USATODAY.com - Consumer watchdogs tear into Google's new e-mail service |
| | Although Google's free "Gmail" service isn't available yet, critics already are pressuring the popular search engine maker to drop its plans to electronically scan e-mail content so it can distribute relevant ads alongside incoming messages. | | | Consumer watchdogs tear into Google's new e-mail service | | | SAN FRANCISCO — Google hails its new e-mail service as a breakthrough in online communication, but consumer watchdogs are attacking it as a creepy invasion of privacy that threatens to set a troubling precedent. |
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http://www.usatoday.com/tech/news/internetprivacy/2004-04-07-gmail-bad-karma_x.htm
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