Definition
A precedent is a court decision that establishes or illustrates a legal rule. Binding precedent must be followed by lower courts within the same hierarchy, while persuasive precedent may influence but not control.
Political Dictionary
Precedent
Precedent is a prior judicial decision used to guide later cases.
Why It Matters
Precedent supports consistency and helps judges, lawyers, and citizens predict how law will be applied.
How It Works
Courts identify the holding of earlier cases and determine whether the facts and legal issues are sufficiently similar.
History
Precedent emerged from the common-law tradition and became embedded in American legal practice.
Example
A federal district court generally follows controlling decisions from its circuit court.
Common Misconceptions
- Every earlier case is binding.
- Dicta always has the same force as a holding.
- Precedent means courts can never change the law.
Related Terms
Related Topics
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