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Precept Law & Legal Definition

Precept is a civil or criminal writ or warrant issued by an authorized person demanding another’s action or an order issued by legally constituted authority to a subordinate official. For example a Judge’s order to an officer to bring a party before the court.

Examples of some Statutes in Arkansas.

A.C.A. § 16-91-116 Proceedings on reversal and new trial.

(a) Upon a mandate of reversal ordering a new trial being filed in the clerk's office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the sheriff a copy of the mandate and precept, authorizing and commanding the sheriff to bring the defendant from the Department of Correction to the county jail, which shall be obeyed by the sheriff and Director of the Department of Correction.
(b) If the defendant is again convicted upon the new trial the period of his or her former confinement in the Department of Correction shall be deducted by the court from the period of confinement fixed in the last verdict of conviction.

A.C.A. § 16-15-112. Sheriff's attendance at court sessions.

It shall be the duty of the sheriff to attend each regular or special session of the county court for his county, either in person or by deputy, and to execute all orders and precepts made by the court. For his attendance, the sheriff shall be entitled to receive such fees as are allowed by law to sheriffs for executing the orders and precepts made by the county courts.

Precept also means a command or principle or rule intended especially as a general rule of action.

For example Ark. Code of Judicial Conduct PREAMBLE says

“Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.”





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