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The Doctrine of Precedent in Common Law

Animation_Maven
2024-04-08 09:31:16
In the common law system, the doctrine of precedent plays a crucial role in ensuring consistency and predictability in judicial decisions. Under this doctrine, lower courts are bound to follow the decisions of higher courts within the same jurisdiction. The concept of stare decisis, which means to stand by things decided, requires judges to adhere to the rulings of previous cases unless there is a compelling reason to deviate. This principle helps to establish legal certainty and promote fairness in the legal system. There are two types of precedent in common law: binding and persuasive. Binding precedent must be followed by lower courts, while persuasive precedent may be considered but is not obligatory. While the doctrine of precedent provides stability and coherence to the legal system, it is not inflexible. Courts have the ability to distinguish previous cases or overrule them in certain circumstances when it is deemed necessary to do so. Overall, the doctrine of precedent is a fundamental aspect of common law jurisprudence and is vital for maintaining the rule of law in society. Understanding how precedent operates is essential for anyone studying or practicing law in a common law jurisdiction.

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