Precedent

Definition

Precedent refers to a court decision or legal principle that is used as an authoritative guide in subsequent similar cases. It is a fundamental concept in the U.S. legal system, where courts are 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 ensures consistency and predictability in the application of the law, as courts are expected to follow the reasoning and outcomes of prior similar cases.
2. Lower courts are generally bound to follow the precedents set by higher courts within the same jurisdiction, such as the Supreme Court's rulings for federal courts.
3. Precedent can be overturned or modified by the same court or a higher court if there is a compelling reason, such as a change in societal values or a better understanding of the law.
4. The doctrine of stare decisis, which means 'to stand by things decided,' is the principle that courts should generally adhere to precedent unless there is a strong justification for deviating from it.
5. Precedent plays a crucial role in the development of the common law system, where judges interpret and apply the law based on prior court decisions rather than solely relying on written statutes.

Review Questions

• Explain the importance of precedent in the U.S. legal system.
  • Precedent is essential in the U.S. legal system because it ensures consistency, predictability, and stability in the application of the law. By following the reasoning and outcomes of prior similar cases, courts can maintain a coherent and reliable legal framework. Precedent also promotes the equal treatment of litigants, as similar cases are decided in a similar manner. Additionally, the doctrine of stare decisis, which requires courts to generally adhere to precedent, helps to maintain the integrity and legitimacy of the judicial system.
• Describe how the principle of judicial review is related to the concept of precedent.
  • The power of judicial review, which allows courts to review and potentially invalidate legislative or executive actions that are deemed unconstitutional, is closely tied to the concept of precedent. Courts rely on established precedent, such as prior Supreme Court rulings, to determine the constitutionality of government actions. By following the reasoning and outcomes of previous court decisions, the judiciary can ensure that its rulings are consistent with the Constitution and the interpretation of the law. The principle of judicial review, therefore, is strengthened and reinforced by the adherence to precedent, as it provides a stable and predictable framework for the courts to assess the legality of government actions.
• Analyze how the doctrine of stare decisis and the role of precedent in the common law system contribute to the development and evolution of the law.
  • The doctrine of stare decisis, which requires courts to generally follow precedent, and the central role of precedent in the common law system, play a crucial role in the development and evolution of the law. By adhering to prior court decisions, the law gains stability and consistency, allowing it to gradually adapt and respond to changing societal needs and values. At the same time, the ability of courts to overturn or modify precedent when necessary provides a mechanism for the law to evolve and address new challenges. This balance between stability and flexibility, facilitated by the doctrine of stare decisis and the reliance on precedent, enables the common law system to continuously develop and refine the law in a manner that reflects the changing needs and understanding of the legal landscape.

Related terms

Stare Decisis: The legal principle that courts should follow precedent established by prior decisions, unless there is a compelling reason to depart from it.

Common Law: A legal system based on judicial decisions rather than legislative statutes, where precedent plays a crucial role in the development of the law.

Judicial Review: The power of courts to review and potentially invalidate legislative or executive actions that are deemed unconstitutional, based on established precedent.