What role do precedents play in our legal system? Help would be appreciated!! :-)
http://en.wikipedia.org/wiki/Precedent
So it establishes that the court cannot/will not change the understanding of the law once made unless the decision before an be shown wrong/ in error?
Yes.
Ok thank you very much!:D
You're welcome.
Precedents play a crucial role in our legal system. They act as a source of legal rules and principles that judges use to make decisions in similar cases. Here's how they work:
1. Definition: A precedent is a legal case or decision that establishes a rule or principle used by judges to decide similar cases in the future. Precedents are typically set by higher-level courts, such as appellate courts or the Supreme Court.
2. Stare Decisis: Precedents are based on the principle of "stare decisis," which means "to stand by things decided." This principle encourages consistency and predictability in the law by requiring courts to follow established precedents unless they have compelling reasons to depart from them.
3. Binding vs. Persuasive Precedents: Precedents can be either binding or persuasive. Binding precedents must be followed by lower courts within the same jurisdiction. For example, a decision made by a higher court in your state must be followed by lower courts in that state. Persuasive precedents come from courts in other jurisdictions and may be considered by a court but are not binding. They can be influential in shaping the decision-making process.
4. Hierarchy of Precedents: Precedents can form a hierarchy based on the court structure. Higher courts, such as appellate courts or the Supreme Court, set precedents that bind lower courts within their jurisdiction. Lower courts generally follow the precedents established by higher courts.
5. Role in Legal Reasoning: Precedents serve as a basis for legal reasoning and help ensure that similar cases are treated consistently. When faced with a new case, judges review precedents, analyze the facts, and apply the relevant rules or principles established in prior cases to reach a decision. This promotes fairness and equality in the legal system.
6. Evolution of Precedents: Over time, precedents can be reaffirmed, modified, or overturned. Higher-level courts have the authority to redefine or reinterpret legal principles and adjust their precedents. As societal values change and new legal issues arise, courts may revisit and update existing precedents.
To understand the role of precedents in a specific legal system, it is important to consult legal resources such as case law databases, legal textbooks, or consult with legal professionals. They can provide more specific information and analysis tailored to your jurisdiction.