Precedent

What is a Precedent?

A Precedent refers to previously decided cases that serve as the basis and authority for determining future cases. Decisions made in past cases, especially by higher courts, become the law regarding similar situations.

]Precedent refers to a legal principle or decision established in a previous case that is authoritative and serves as a guide for deciding similar issues in subsequent cases. It forms the basis for legal reasoning and interpretation, ensuring consistency, predictability, and stability in the application of law over time.

According to Black’s Law Dictionary, precedent is defined as “a decided case that furnishes a basis for determining later cases involving similar facts or issues.” As such, a case can establish the basis for other cases in one of two ways. The first is a binding prescient in which decisions from higher courts within the same jurisdiction that lower courts must follow when deciding similar cases. The second is a persuasive precedent in which decisions from courts in other jurisdictions or from lower courts within the same jurisdiction are influential but not binding on the court.

Precedents play a crucial role in the common law system, where judges interpret and apply legal principles established in previous cases to resolve current disputes. They help ensure fairness, promote uniformity in legal outcomes, and contribute to the development of legal doctrines and principles over time.The principles of stare decisis (Latin for “to stand by things decided”) underscore the importance of adhering to precedents unless there is a compelling reason to deviate, allowing for stability in the law.