Legal precedent facts for kids

A precedent is like a rulebook made from past court decisions. When a court decides a case, that decision can become a guide for future cases that are very similar. It's a way to make sure the law is fair and predictable for everyone.

The fancy Latin term for this idea is stare decisis. It means "to stand by things decided." This system helps keep the law stable and makes it easier to guess how a court might rule in a new case.

Precedent is super important in countries that use a "common law" system, like the United Kingdom and Canada (except for one part called Quebec). When a precedent sets a really important legal rule or changes the law in a big way, it's often called a landmark decision.

What is a Legal Precedent?

A legal precedent is a decision from a past court case that helps judges decide new cases with similar facts or problems. Think of it as a guide or a rule that comes from a previous ruling. This helps make sure that similar situations are treated in similar ways, which makes the law more fair and easier to understand.

Different Kinds of Precedent

Not all precedents are the same. Some are "binding," meaning courts *must* follow them, while others are "persuasive," meaning courts can choose to consider them but don't have to.

Binding Precedent

A binding precedent is a past decision that a court *must* follow. This usually happens when a higher court (like a supreme court or an appeals court) makes a decision. Any lower courts under its authority have to follow that decision when they hear similar cases.

For example, imagine a local court in your town. If a higher appeals court in your region makes a decision on a certain type of case, your local court has to follow that decision. And if the highest court in the country makes a ruling, all courts below it must follow that ruling.

Sometimes, a higher court might decide to change or "overturn" an old binding precedent. This doesn't happen often, and usually, the court will explain why it's changing the rule.

Persuasive Precedent

Persuasive precedent is a past decision that a court doesn't *have* to follow, but it can choose to consider it. It's like getting advice from someone who knows a lot, but you don't have to take their advice.

This type of precedent can come from:

• Decisions made by courts in other parts of the country.
• Decisions from courts that are at the same level as the current court.
• Decisions from courts in other countries that have similar legal systems.

When a court is dealing with a brand new type of case that has never been decided before (called a case of first impression), they often look at persuasive precedents from other places to help them make a fair decision.

Custom

Sometimes, a long-standing custom or tradition in a society can become a type of precedent. If a custom has been recognized and followed by courts and judges for a very long time, it can gain the power of law. This means a court might consider these traditions even if there hasn't been a specific past court case on the exact same issue.

Case Law

Case law is the collection of all the decisions made by courts over time. In common law systems, these past cases are very important. Judges look at how similar cases were decided in the past.

When a judge looks at case law, they consider a few things:

• Is it "on point"? Does the past case deal with a situation that is exactly or very similar to the current case? The more similar it is, the more weight it carries.
• When and where was it decided? A recent decision from a court in the same area will be given a lot of importance. Older cases or cases from very different areas might not be as important.