According to northumbria university, a judicial precedent is a court ruling that is used as a source of future judicial decision making a judicial precedent is authoritative and binding, meaning that once a decision has been made in court, future court cases must rely on this precedent when ruling.
Noun law a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases any act, decision, or case that serves as a guide or justification for subsequent situations. Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity the doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided.
The doctrine of judicial precedent is based on stare decisis that is the standing by of previous decisions once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts. Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases precedent is based upon the principle of stare decisis et non quieta movere, more commonly referred. Precedent - a system of jurisprudence based on judicial precedents rather than statutory laws common law originated in the unwritten laws of england and was later applied in the united states case law , common law.
Judicial precedent is a legal case law establishing a principle or rule that a court or other judicial body may apply while deciding subsequent cases involving similar issues or facts.
If so, the application of legal precedent may be clear if, however, the facts are not exact, prior cases may be distinguished and their precedents discounted though the application of precedent may appear to be mechanical, a simple means of matching facts and rules, it is a more subjective process. The doctrine of judicial precedent 153 to possess a clear understanding of the intricacies of judicial precedent ( e answer lies in the fact that the term ‘experience’ only begins to describe the situation first, even when a layperson uses the term ‘precedent’ there is an implication that what.
In common law legal systems, a precedent or authority is a legal case that establishes a principle or rule this principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts the use of precedent provides predictability,.