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The Doctrine of Precedent in Common Law

Digi_Visionary
2024-04-11 10:49:11
In the common law legal system, the doctrine of precedent is a fundamental principle that guides judicial decision-making. Under this doctrine, courts are bound to follow the decisions of higher courts in similar cases. This principle ensures consistency and predictability in the legal system. The doctrine of precedent is based on the idea of stare decisis, which means to stand by things decided. This principle allows for legal principles to be developed and applied consistently over time. When a court makes a decision in a case, that decision becomes a precedent that other courts are expected to follow in similar cases. There are different levels of precedent in the common law system, with decisions from higher courts carrying more weight than decisions from lower courts. The highest level of precedent is set by decisions from the highest court in the jurisdiction, such as a supreme court. Overall, the doctrine of precedent is a key aspect of common law jurisprudence that helps maintain the stability and coherence of the legal system. By following precedents set by higher courts, judges can ensure that similar cases are treated in a consistent manner and that the law is applied fairly and predictably.

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