Judicial Precedent

Judicial Precedent

a legal principle where past court decisions are followed in future cases with similar facts. Also called state decisis

Main principle of judicial precedent

Courts are generally bound to follow decisions made in higher courts in the same hierarchy when the facts are similar

Binding precedent

A precedent from a higher court that a lower court must follow

Persuasive precedent

A precedent that a court may follow but isn’t required to

What does it mean to distinguish a precedent?

Showing that the current case facts are different , so the precedent doesn’t apply.

How can courts overrule a precedent?

A higher court can declare an earlier decision wrong, establishing a new precedent

Advantages of judicial precedent

Provides consistency and predictability. Allows laws to develop gradually. Saves time as courts follow earlier decisions

Disadvantages of judicial precedent

Can lead to rigidity and inflexibility. Large number of past cases can be confusing. Lower courts can be bound by outdated decisions

What precedent did Donoghue v Stevenson establish?

The principle of negligence and duty of care