Precedent

Definition

Precedent refers to a previous legal decision or ruling that serves as an example or authority for deciding subsequent similar cases. It is a fundamental principle in the common law system, where courts are generally bound to follow the decisions of higher courts or their own prior rulings on similar issues.

5 Must Know Facts For Your Next Test

1. Precedent plays a crucial role in the American system of government, as it helps ensure consistency, predictability, and stability in the application of the law.
2. The principle of stare decisis, or adhering to past decisions, is a key aspect of precedent and helps maintain the legitimacy of the judicial system.
3. Precedent is particularly important in the context of the Supreme Court, as its rulings on constitutional issues have a far-reaching impact and serve as binding authority for lower federal and state courts.
4. Judicial review, the power of the courts to determine the constitutionality of government actions, is closely tied to the concept of precedent, as courts rely on past rulings to guide their decision-making.
5. The tension between judicial restraint, which emphasizes following precedent, and judicial activism, which involves judges making decisions based on their own interpretations, is a ongoing debate in the realm of constitutional law.

Review Questions

• Explain how the principle of precedent helps ensure consistency and stability in the application of the law within the American system of government.
  • The principle of precedent, where courts are generally bound to follow the decisions of higher courts or their own prior rulings on similar issues, helps ensure consistency and stability in the application of the law. This is because it prevents courts from making arbitrary or contradictory decisions, and instead requires them to base their rulings on established legal principles and past precedents. This helps maintain the predictability and legitimacy of the judicial system, as citizens can have confidence that the law will be applied in a uniform manner across similar cases.
• Describe the relationship between the concept of precedent and the Supreme Court's power of judicial review.
  • The concept of precedent is closely tied to the Supreme Court's power of judicial review, which allows the courts to determine the constitutionality of government actions. When the Supreme Court makes a ruling on a constitutional issue, that decision becomes a binding precedent that lower federal and state courts must follow. This ensures that the interpretation of the Constitution remains consistent across the judicial system. At the same time, the Supreme Court's ability to overturn or modify its own past precedents through the doctrine of judicial review allows the law to evolve and adapt to changing societal conditions, while still maintaining a degree of stability and predictability.
• Analyze the tension between judicial restraint, which emphasizes following precedent, and judicial activism, which involves judges making decisions based on their own interpretations, and explain how this debate relates to the role of precedent in the American legal system.
  • The tension between judicial restraint and judicial activism is a fundamental debate in the realm of constitutional law, and it is closely tied to the role of precedent in the American legal system. Judicial restraint emphasizes the importance of following established precedents and adhering to the original intent of the Constitution, while judicial activism involves judges making decisions based on their own personal or political views, rather than strictly following precedent. This debate reflects the broader question of how much latitude judges should have in interpreting the law and the Constitution. Proponents of judicial restraint argue that it is essential for maintaining the legitimacy and stability of the legal system, while advocates of judicial activism contend that it allows the law to evolve and adapt to changing societal conditions. Ultimately, the role of precedent in the American legal system is a delicate balance between these two competing approaches, as courts must navigate the need for consistency and predictability with the desire for flexibility and responsiveness to changing circumstances.

Related terms

Stare Decisis: The legal principle that courts should follow precedent, or the decisions of higher courts, when ruling on similar cases.

Judicial Review: The power of the courts to review the actions of the legislative and executive branches of government and determine if they are constitutional.

Judicial Activism: The practice of judges making decisions based on their own personal or political views rather than strictly following precedent and the law.