Question
Define precedent
Answers
GPT-4o mini
Precedent refers to a legal principle or rule established in a previous court case that is followed by courts in subsequent cases with similar circumstances. In common law systems, precedents are crucial for ensuring consistency and predictability in the law. When a court makes a ruling, it can set a precedent that lower courts are generally obligated to follow unless it is overturned by a higher court or modified by legislation.
Precedents can be binding or persuasive. Binding precedent must be followed by lower courts in the same jurisdiction, while persuasive precedent may influence a court's decision but is not obligatory. The principle of stare decisis governs the use of precedent, meaning "to stand by things decided."
Precedents can be binding or persuasive. Binding precedent must be followed by lower courts in the same jurisdiction, while persuasive precedent may influence a court's decision but is not obligatory. The principle of stare decisis governs the use of precedent, meaning "to stand by things decided."