Precedent

Definition

Precedent refers to a legal principle or rule that is established by a court decision, which then becomes an example or guide for judges in deciding subsequent cases with similar issues or facts. It is a fundamental concept in the common law legal system, where past judicial rulings shape the interpretation and application of the law going forward.

5 Must Know Facts For Your Next Test

1. Precedent helps ensure consistency, predictability, and fairness in the application of the law across similar cases.
2. The doctrine of stare decisis, which means 'to stand by things decided,' is the cornerstone of the precedent system, requiring courts to generally adhere to past rulings.
3. Binding precedent set by higher courts within the same jurisdiction must be followed by lower courts, whereas persuasive precedent from other jurisdictions may be considered but is not binding.
4. Precedents can be distinguished or overturned if a court finds that the facts or legal principles of the current case are sufficiently different from the precedent case.
5. The flexibility to depart from precedent allows the law to evolve and adapt to changing social, economic, and technological conditions.

Review Questions

• Explain the role of precedent in the American legal system and how it contributes to the consistency and predictability of the law.
  • Precedent plays a crucial role in the American legal system by establishing legal principles and rules that guide the interpretation and application of the law. Through the doctrine of stare decisis, courts are generally required to follow the precedents set by prior judicial decisions, which helps ensure consistency and predictability in the law. This allows individuals and businesses to better understand their legal rights and obligations, and it promotes fairness by ensuring that similar cases are decided in a similar manner. The precedent system also allows the law to gradually evolve and adapt to changing social, economic, and technological conditions, while still maintaining a degree of stability and continuity.
• Distinguish between binding precedent and persuasive precedent, and explain how each type of precedent is used by courts in the decision-making process.
  • Binding precedent refers to a prior judicial decision that a court is obligated to follow, typically set by a higher court within the same jurisdiction. Binding precedent is considered authoritative and must be applied by lower courts in cases with similar facts or legal issues. In contrast, persuasive precedent refers to a prior decision from a court outside of the jurisdiction or a lower court within the same jurisdiction, which a court may consider for its persuasive value but is not required to follow. Courts will often look to persuasive precedent from other jurisdictions or lower courts to help inform their decision-making, particularly when there is no binding precedent directly on point. The distinction between binding and persuasive precedent helps ensure that the law is applied consistently within a given jurisdiction, while also allowing courts to consider a wider range of legal authorities in reaching their decisions.
• Analyze the circumstances under which a court may choose to depart from or overturn an established precedent, and discuss the potential implications of this flexibility within the precedent system.
  • While the doctrine of stare decisis generally requires courts to adhere to established precedents, there are circumstances in which a court may choose to depart from or overturn a prior ruling. This flexibility allows the law to evolve and adapt to changing social, economic, and technological conditions. Courts may distinguish a current case from the precedent case, finding that the facts or legal principles are sufficiently different to justify a departure from the prior decision. Additionally, a court may determine that a precedent was wrongly decided or that it no longer aligns with the court's understanding of the law, and therefore choose to overturn it. This process of distinguishing or overturning precedent can have significant implications, as it can lead to changes in the interpretation and application of the law. On the one hand, this flexibility promotes the continued relevance and responsiveness of the legal system. On the other hand, it can also create uncertainty and undermine the predictability and consistency that the precedent system is intended to provide. Courts must carefully balance these considerations when deciding whether to adhere to or depart from established precedents.

Related terms

Stare Decisis:

The legal principle that courts should follow the precedents established by prior decisions, unless there is a compelling reason to depart from them.

Binding Precedent: A precedent that a court is obligated to follow, typically set by a higher court within the same jurisdiction.

Persuasive Precedent: A precedent that is not binding but may be considered by a court for its persuasive value in reaching a decision.