A judicial precedent

 

A judicial precedent (also known as case law or judge-made law) refers to a legal principle or rule established in a previous case that is either binding or persuasive for courts when deciding subsequent cases with similar facts or legal issues.

🔹 Key Concepts of Judicial Precedent

1. Stare Decisis
   Latin for “to stand by things decided,” this principle underlies the doctrine of precedent. It means courts should follow previous rulings in similar cases to ensure consistency and predictability in the law.

2. Types of Precedent:

   • Binding Precedent: Must be followed by the court. Comes from a higher court in the same judicial hierarchy.

   • Persuasive Precedent: May influence a decision but is not obligatory. It can come from lower courts, courts of the same level, or courts in other jurisdictions.

3. Hierarchy of Courts (example for India, UK, or common law jurisdictions):

   • Decisions of the Supreme Court are binding on all lower courts.

   • High Court decisions are binding on subordinate courts in the same state.

   • Lower courts (e.g., district courts) must follow the precedents of higher courts.

4. Ratio Decidendi vs. Obiter Dicta:

   • Ratio Decidendi: The legal reasoning or principle upon which the decision is based; binding.

   • Obiter Dicta: Remarks or observations made by a judge that are not essential to the decision; persuasive at best.