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Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases.[1][2][3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.[2][4][5]
Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive).[6][7] Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law.[8]
Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on specific issues or topics.[9] The development of case law depends on the systematic publication and indexing of these decisions in law reports, making them accessible to lawyers, courts, and the general public.[10]
Generally speaking, a legal precedent may be:
- applied (if precedent is binding) / adopted (if precedent is persuasive), if the principles underpinning the previous decision are accordingly used to evaluate the issues of the subsequent case;
- distinguished, if the principles underpinning the previous decision are found specific to, or premised upon, certain factual scenarios, and not applied to the subsequent case because of the absence or material difference in the latter's facts;
- modified, if the same court on determination of the same case on order from a higher court modified one or more parts of the previous decision; or
- overruled, if the same or higher courts on appeal or determination of subsequent cases found the principles underpinning the previous decision erroneous in law or overtaken by new legislation or developments.
- ^ "precedent". LII / Legal Information Institute. Retrieved 27 November 2024.
Precedent refers to a court decision that is considered an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
- ^ a b "The Common Law and Civil Law Traditions" (PDF). Berkeley Law. 2016. Archived from the original (PDF) on 22 November 2024. Retrieved 4 December 2024.
Common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge.
- ^ "Glossary of Legal Terms | United States Courts". www.uscourts.gov. Archived from the original on 3 December 2024. Retrieved 5 December 2024.
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally 'follow precedent' - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
- ^ "stare decisis". LII / Legal Information Institute. Retrieved 27 November 2024.
Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. Stare decisis means "to stand by things decided" in Latin. When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision.
- ^ "Understanding Stare Decisis". www.americanbar.org. Retrieved 27 November 2024.
Stare Decisis—a Latin term that means 'let the decision stand' or 'to stand by things decided'—is a foundational concept in the American legal system. To put it simply, stare decisis holds that courts and judges should honor 'precedent'—or the decisions, rulings, and opinions from prior cases. Respect for precedents gives the law consistency and makes interpretations of the law more predictable—and less seemingly random.
- ^ Cite error: The named reference
:6was invoked but never defined (see the help page). - ^ Cite error: The named reference
:8was invoked but never defined (see the help page). - ^ "civil law". LII / Legal Information Institute. Retrieved 30 November 2024.
Civil law, as a legal system, refers to a popular way of structuring legal systems around broad codes and detailed statutes that determines the rights and obligations of individuals, without any emphasis on the role of precedent, courts, judges, and juries as in common law countries. Civil law countries typically are characterized by their emphasis on the codified law only with judges playing the main role of finding the facts and applying the law in courts. The civil law system has its roots in the rediscovery of Roman Law in the Middle Ages, with influences from many other legal systems. Today, civil law continues to be the most common legal system in the world.
- ^ "case law". LII / Legal Information Institute. Retrieved 1 December 2024.
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
- ^ "Law report | Common Law Cases & Judgments | Britannica". www.britannica.com. Archived from the original on 24 July 2024. Retrieved 1 December 2024.
Law report, in common law, published record of a judicial decision that is cited by lawyers and judges for their use as precedent in subsequent cases. The report of a decision ordinarily contains the title of the case, a statement of the facts giving rise to the litigation, and its history in the courts. It then reproduces the opinion of the court and concludes with the court's judgment—affirming or reversing the judgment of the court below. The report of a modern decision is usually preceded by an analytic summary of the opinion, called a headnote, that states the points decided.