What is Legal Precedent and How Does It Affect the Law?

# What is Legal Precedent and How Does It Affect the Law?
Legal precedent is a system of laws in which judicial decisions are based on earlier decisions that have been made in similar cases. This means that when a court makes a decision on a particular case, the same decision applies to any future cases that have similar facts and circumstances. This is known as the doctrine of stare decisis, which is Latin for “to stand by things decided.”

Precedents are a key part of the legal system because they provide consistency and predictability. By having a system of established precedents, courts can ensure that similar cases are treated in the same way. This allows lawyers to better prepare their arguments, and it gives individuals a better understanding of how the law will be applied in their particular case.

The legal precedent system is based on the common law, which is a body of law that is based on customs, traditions, and judicial decisions. In the United States, the common law is based on the English legal system. This means that in the United States, the decisions of the United States Supreme Court, as well as state supreme courts, are considered precedents. In addition, decisions from lower courts and federal courts can also be considered precedents.

When a court makes a decision in a case, it is binding on all other courts that are at the same or lower level. This means that other courts are obligated to follow the precedent set by the court that made the original decision. For example, if the Supreme Court makes a decision on a case, all other courts must follow that decision.

However, not all decisions are binding. Precedents can be overturned by higher courts or if the facts of the case are significantly different than the original decision. This is known as overruling a precedent.

When a court makes a decision, the reasoning behind the decision is important. This is because the reasoning can be used to determine if a future case is similar enough to be bound by the precedent. The reasoning also serves to provide guidance to other courts who may be considering a similar case.

Precedents can also be used to extend the law. For example, if a court makes a decision that expands the scope of a law, other courts may be obligated to follow that decision. This is known as extending the law.

Although precedents are an important part of the legal system, they are not absolute. Judges have the authority to make decisions that are not in line with established precedents. This is known as judicial activism.

Overall, legal precedent is an important part of the legal system. It provides consistency and predictability, and it allows courts to extend the law. Although precedents are not absolute, they are still an important part of the legal system.

## FAQs

Q: What is a legal precedent?
A: A legal precedent is a system of laws in which judicial decisions are based on earlier decisions that have been made in similar cases. This means that when a court makes a decision on a particular case, the same decision applies to any future cases that have similar facts and circumstances.

Q: How is the legal precedent system based?
A: The legal precedent system is based on the common law, which is a body of law that is based on customs, traditions, and judicial decisions. In the United States, the common law is based on the English legal system.

Q: Are all decisions binding?
A: No, not all decisions are binding. Precedents can be overturned by higher courts or if the facts of the case are significantly different than the original decision. This is known as overruling a precedent.

Q: What is judicial activism?
A: Judicial activism is when judges make decisions that are not in line with established precedents. This is seen as a way to extend the law and to provide guidance to other courts.