Table of Contents
Definition of Precedent
Precedent is a previous decision or ruling that is used to set a legal standard for future cases. Precedent is used as a guide for a court in decision making and can be influential in civil and criminal cases. Precedent can be established through judicial decisions as well as legislation or executive action. In the legal system, precedent is important in order to ensure consistent decisions and application of the law.
Impact of Precedent on Future Cases
Precedent has a significant impact on future cases because it sets a standard that courts must use in making their decisions. When considering a case, the court looks to previous cases and rulings to see what has been done in the past in a similar situation. This helps the court ensure that there is consistency in its decisions and that the law is applied uniformly.
The process of considering precedent is called stare decisis, which means “to stand by what has been decided.” This means that if two cases have similar facts or circumstances, the court must consider the precedent in order to arrive at its decision. For instance, if a court has previously ruled in a certain way on a similar case, the court must consider that ruling when deciding the current case.
In addition to providing consistency, precedent also helps to ensure that the same legal principles are applied in similar cases. This helps to ensure that the legal system is fair and equitable.
Role of Common Law
Common law is an important part of the legal system because it is based on the principle of precedent. Common law is made up of legal rules that are established through court decisions. This type of law is based on the idea that similar cases should be treated in the same way and that decisions should not be based solely on the facts of the case.
Common law is important for all future cases because it provides guidance and certainty when making decisions. By relying on precedent, courts are able to ensure that their decisions are based on established legal principles and consistent with past decisions. This helps to ensure that decisions are fair and that the legal system is applied uniformly.
In conclusion, precedent is an important part of the legal system because it sets a standard for all future cases. Precedent helps to ensure that the law is applied uniformly and that legal principles are applied consistently. Common law is an important part of the legal system because it relies on the principle of precedent, ensuring that all cases are treated in the same manner.