Binding Precedent?


A binding precedent is a precedent that must be followed by all lower courts that are under common legal systems. In English law, it is created by the decision of the high court and ensures certainty and consistency in the application of the law. Binding precedents from past cases are normally applied in principle to new situations by analogy.
Q&A Related to "Binding Precedent?"
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It's pretty self-evident when you think about it for a second. Binding: the lower courts (and you, the litigant) have to follow it! E.g., S. Ct. cases on point with the facts your
1 Additional Answer
A binding precedent is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as the Supreme Court of the United Kingdom. In Civil law and pluralist systems, as under Scots law, precedent is not binding but case law is taken into account by the courts.
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