What is an original precedent?

An original precedent refers to a legal decision or ruling that establishes a new principle of law because it has not been previously considered by the courts. This type of precedent emerges when a case presents a novel issue, prompting the court to provide a ruling that will guide future cases with similar facts. This is significant in the context of the common law system, where the development of legal principles often relies on judges making determinations in cases that haven't been adjudicated before.

In contrast, other options refer to different concepts related to precedent. For instance, the notion of a precedent that is followed in all cases suggests a binding precedent, which is established by higher courts and must be adhered to by lower courts within the same jurisdiction. A law that is universally accepted refers to principles that may not strictly fit within the common law framework, and a precedent that must always be adhered to implies an inflexible application of certain legal principles, which runs contrary to the flexibility that original precedents are designed to provide in the evolving landscape of the law.