Precedent is a legal term used to describe a court’s decision that other courts can use as a reference source. Precedent may or may not be binding, and lawyers must conduct proper research to uncover mandatory precedents. Compelling precedents include cases decided by superior courts in other jurisdictions and lower courts in the same jurisdiction, as well as the writings of respected legal scholars.
A precedent is a term used in law to describe a situation in which a court has made a decision in a case that other courts can use as a reference source. Depending on the type of court, precedent may or may not be binding. When the precedent is not binding it is considered merely persuasive, in the sense that the court’s decision is not mandatory for some courts. In such a situation, the court’s decision in that case is considered only a persuasive precedent.
The question of what kind of case law to use when preparing a case is vital, because the right kind of precedent can make or break a case as a court that falls within certain parameters is obligated to follow any mandatory precedent set by other courts, while it is in no way obligated to adhere to a persuasive precedent. As such, it is incumbent upon the lawyers handling a case to conduct proper research in order to uncover the exact mandatory precedents, rather than citing a persuasive precedent that does not have the same kind of impact. The only time a court can refuse to apply mandatory precedent is when it is able to establish conclusively that the other court made an error in judgment.
Situations where a compelling precedent can be applied include cases that have been decided by superior courts in other jurisdictions. For example, in the United States, a lower court in one jurisdiction might consider the arguments raised in determining a similar case by a higher court in another jurisdiction, although such a decision is not binding on the lower court. lower degree because it is merely previous persuasive. On the other hand, the mandatory precedents of superior courts in the same jurisdiction will be binding on that court, unless the court can prove that the judgment given in such cases involved some sort of misapplication of the law.
Another situation where a compelling precedent can be seen is a case decided by a lower court in the same jurisdiction. Such a decision could be considered by higher courts when determining similar cases, but they will not be binding, just a persuasive precedent. Other sources include the writings of well-known and respected legal scholars in articles such as law journals and legal treatises.
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