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Legal certainty and the orderly development of legal principles are promoted by the application of the doctrine of stare decisis, also known as the doctrine of binding precedent. According to this doctrine, the decisions of higher courts are binding on lower courts. Thus, judgments of the Court of Appeal are binding on the High Court, and ...
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Only the reason for the decision of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in an argument. Apart from the rules of procedure for precedent, the weight given to any reported judgment may depend on the reputation of both the reporter and the judges. [7]
The "law of the case" doctrine, however, is one of policy only and will be disregarded when compelling circumstances call for a redetermination of a point of law on prior appeal. This is particularly true where an intervening or a contemporaneous change in law has occurred where former decisions have been overruled or new precedent has been ...
In legal research, a primary authority is a term referring to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most ...
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
If faced with a binding judicial precedent, a court has a number of ways to respond to it, and may use the following legal devices and mechanisms: [10] Applying - simply following the precedent, and using its ratio in the current case. Approval - showing approval of the earlier case, without necessarily applying it. [11]
A passing remark from Chief Justice Morrison R. Waite, recorded by the court reporter before oral argument, now forms the basis for the doctrine that juristic persons are entitled to protection under the Fourteenth Amendment. Whether or not Chief Justice Waite's remark constitutes binding precedent is arguable, but subsequent rulings treat it ...