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...and you've gotten the legal definition wrong.

That precedent only applies to appellate court decisions is not true. There's persuasive precedent applies amongst courts of the same level.

It the facts and law are the same, a similar lower court decision could indeed be introduced in a similar case. The precedent isn't necessarily binding, but courts will generally defer unless there is a pervasive reason not too.

This is seen when the Supreme Court defers to its previous decisions (stare decisis)

Do you mean "persuasive precedent"?

If so, you're right that it's not binding. Higher courts can, and do, defer to lower courts — where the higher court concurs with the lower court's legal reasoning. But that requires the case to have appeared before an appellate court.

The reason for this is simple: trial courts consider questions of fact, while appellate courts consider questions of law.

Similarly, so-called "horizontal precedent" applies between peer appellate courts — and, again, isn't binding.

To my understanding, the only way this becomes more than informally precedential is if it's legitimately a "case of first impression" — and that would apply IFF this case is legitimately the first place this question of law was asked, and only until it's heard and ruled upon (or not taken up) by an appellate court.

Yes corrected to read "persuasive" (phone auto-corrected).

Non-binding precedent is still precedent. And as you've said, in the absence of an higher court opinion to the contrary, lower court decisions can be taken as precedent and can be considered at the lower court (trial court level).

Lower courts consider new questions of law, otherwise new questions would never be able to be addressed (with some state level advisory opinions aside)

> ...precedent.

You keep saying "You keep saying that word. I do not think it means what you think it means.". I do not think it means what you think it means.

"Precedent" as a term is wider than the specific US legal meaning.

Yes, but if we are talking about the law, then it is confusing at best to use the word.

Regardless of whether it sets precedent in the legal sense, it does set a (disturbing) precedent in the everyday plain-English sense of the word.

Yes, follow-ups, there are other definitions of the word "precedent". In the discussion of a legal decision, however, the legal definition takes ... well, precedence.

Not really.

Oftentimes people get lost too much in the legalese to see the big picture of what this decisions means.

The word "precedent" means more than court technicalities. AKA:

precedent adjective 1. preceding in time, order, or importance. "a precedent case"

So this IS a precedent, and it is an important and frightening one, even if some other judge isn't technically allowed to cite it.

Eh, if you're going to quote the dictionary, at least match up the parts of speech. For example

prec·e·dent noun ˈpresəd(ə)nt/ 1. an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

But then it becomes clear that maybe this case is not yet a precedent.

How can it be clear that maybe X?

Pretend the word maybe is a rhetorical flourish.

Fair enough. But I wonder what value there is in making that distinction; it would be better to argue instead that the decision was made in error rather than that it was made correctly but not to be used as an example.

Not to nitpick, but to follow the precedent set by Inigo Montoya, "you keep using that word."