Precedent

Precedent is a legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, a precedent is regarded as binding, meaning that courts are required to follow the precedent. However, under certain circumstances, a court has the discretion to either follow or reject the precedent.

Definition

A precedent is a rule or principle established by a court, which other courts are obligated to follow. This principle of adhering to precedent is known as stare decisis. The precedent provides a framework for judges to handle similar cases. It ensures consistency and predictability in the legal system.

Types of Precedent

There are two types of precedent: binding precedent and persuasive precedent.

Binding Precedent

A binding precedent is a precedent that must be followed by all lower courts under common law legal systems. If a higher court has established a legal principle, it is binding on lower courts for future cases where the facts are substantially similar.

Persuasive Precedent

A persuasive precedent is a precedent that a court may consider but is not obligated to follow. These precedents come from lower courts, horizontal courts, or courts from other jurisdictions.

Precedent in Different Legal Systems

Different legal systems view precedent differently. In common law systems, like those in the United States and the United Kingdom, precedent is a key principle. However, in civil law systems, like those in France and Germany, precedent does not have the same binding authority.

Criticism and Support

There are both supporters and critics of the use of precedent in the legal system. Supporters argue that it promotes consistency and predictability, while critics argue that it can lead to unjust decisions and inhibit legal change.

See Also

• Case law
• Stare decisis
• Common law
• Civil law (legal system)