Original Precedent Law and Legal Definition

Original precedent means a precedent that creates and applies a new legal rule. An original precedent is made when there is no previous judicial decision on a point of law. When the court has to form an original precedent, a judge will come to their decision by analogy. That is, by considering the cases that are nearest to it in principle. The decisions in the referred cases are not binding on the court but they may be persuasive.