what is legal precedent

what is legal precedent

1 year ago 65
Nature

Legal precedent, also known as stare decisis, is a principle or rule established in a previous legal case that is relevant to a court or other tribunal when deciding subsequent cases with similar issues or facts. 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. There are two types of legal precedents: binding precedent and persuasive precedent. Binding precedent is precedent that a court must abide by in its adjudication of a case, while persuasive precedent is precedent that a court may, but is not required to, follow. Precedents play an important role in decision-making and aid judicial officers in referring to similar case laws, ultimately saving time and scrutinizing results. Precedents are established by a series of decisions, and sometimes a single decision can create precedent. To be useful, a precedent must be founded in reason and justice and made upon the argument and be the solemn decision of the court. Precedents can only be useful when they show that the case has been decided upon a certain principle and ought not to be binding when contrary to such a principle.

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