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KembaraXtra – Legal Terms – Precedent
A precedent is a previous court decision used as authority in deciding later cases.
Under the doctrine of stare decisis, lower courts are generally bound to follow binding precedents established by higher courts.
Only the legal reasoning of the case, known as the ratio decidendi, is binding.
Statements made outside the essential reasoning, known as obiter dicta, are persuasive only.
The system of precedent promotes consistency, certainty, and predictability in the law.
A precedent is a previous court decision used as authority in deciding later cases.
Under the doctrine of stare decisis, lower courts are generally bound to follow binding precedents established by higher courts.
Only the legal reasoning of the case, known as the ratio decidendi, is binding.
Statements made outside the essential reasoning, known as obiter dicta, are persuasive only.
The system of precedent promotes consistency, certainty, and predictability in the law.
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