How do judges use precedent?
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How do judges use precedent?
A judicial precedent attaches a specific legal consequence to a detailed set of facts in an adjudged case or judicial decision, which is then considered as furnishing the rule for the determination of a subsequent case involving identical or similar material facts and arising in the same court or a lower court in the …
What is original precedent?
An original precedent is where a judge must come to a decision without following a previous decision, as the facts in the case have not come before a court before. A binding precedent is where a future judge in a lower court must follow the decision of a previous judge in a higher court, if the case facts are similar.
Does stare decisis apply to all courts?
In effect, all courts are bound to follow the rulings of the Supreme Court, as the highest court in the country. Therefore, decisions that the highest court makes become binding precedent or obligatory stare decisis for the lower courts in the system.
What happens if a lower court disobeys precedent from a higher court?
A judgment that has been overruled no longer holds any legal value: a power not vested in lower courts. The lower court can however make a departure from the judgment of the above courts and record reasons for doing so. Whether the departure was justified would be decided in appeal.
Can a lower court overrule precedent from a higher court?
When the lower court in a future case finds that the legislative history of another statute could affect its decision, the practice of following the precedent of the higher court will require the lower court, in that jurisdiction, to disregard the legislative history.
Are courts obliged to follow precedents?
Stare decisis is the common law principle that requires courts to follow precedents set by other courts. Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to figure out which decisions bind a given court.
