86. precedent

What is Precedent?

Precedent is a legal principle where past judicial decisions serve as a guide or authority for deciding similar cases in the future. It is a fundamental concept in common law systems, ensuring consistency, predictability, and fairness in the judicial process.

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Types of Precedent

✔ Binding Precedent: Courts must follow decisions made by higher courts within the same jurisdiction. ✔ Persuasive Precedent: Courts may consider decisions from other jurisdictions or lower courts but are not obligated to follow them. ✔ Vertical Precedent: A lower court follows decisions from a higher court. ✔ Horizontal Precedent: A court follows its own previous decisions.

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Examples of Precedent in Action

• Brown v. Board of Education (1954) set a binding precedent by declaring racial segregation unconstitutional in U.S. public schools.

• Roe v. Wade (1973) established a precedent regarding abortion rights in the U.S.

• A state supreme court ruling on privacy rights may act as persuasive precedent for courts in other states.

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5 Reference Pages for Precedent with URLs

1. Legal Information Institute – Precedent

   • URL: https://www.law.cornell.edu/wex/precedent

   • Explanation: Defines precedent and explains how it is applied in legal systems.

2. FindLaw – Understanding Legal Precedent

   • URL: https://www.findlaw.com/litigation/legal-system/what-is-legal-precedent.html

   • Explanation: Discusses the role of precedent in court rulings and legal arguments.

3. Justia – Legal Precedent and Stare Decisis

   • URL: https://www.justia.com/litigation/appeals/precedent-and-stare-decisis/

   • Explanation: Explains how precedent influences appellate courts and legal interpretations.

4. United States Courts – Stare Decisis and Precedent

   • URL: https://www.uscourts.gov/educational-resources/educational-activities/stare-decisis-and-precedent

   • Explanation: Covers the concept of stare decisis, which enforces precedent in legal rulings.

5. Wikipedia – Precedent (Law)

   • URL: https://en.wikipedia.org/wiki/Precedent

   • Explanation: Provides historical background and global applications of legal precedent.

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