Precedent is a legal case that sets a standard for similar cases. There are two types: binding and persuasive. Binding precedents must be followed by other courts, while persuasive precedents serve as examples. Precedents are used by lawyers and law students, but there is criticism about their use in American law.
A precedent, as far as law is concerned, is a specific legal case that typically sets a standard for how similar cases should be governed based on the initial case. In other words, it is a legal case that establishes a basic sense of how a problem can be handled, and subsequent cases will often settle in a similar way to the previous one. There are typically two main types of precedents in law: binding precedents which usually need to be followed by other courts in most situations, and persuasive precedents which can be followed but are not mandatory. A precedent can be an important part of a legal matter, but there are some criticisms regarding theirs and their importance in American law.
The concept of legal precedent derives from English common law and has been transferred from the English legal system to American law. The binding or compulsory type is the one to be followed by other courts and is usually established by a higher court. In the US, for example, binding precedents are often set by the US Supreme Court, and all lower courts would have to uphold the rulings.
A persuasive precedent, on the other hand, is one that is established in a lawsuit but that doesn’t have to be followed. These typically serve as examples for what has been done before and what others might consider a legal matter moving forward. If a tobacco farmer were found guilty in a manslaughter case involving someone who died of lung cancer caused by cigarette smoking, for example, unless the case was resolved by the supreme court, it would serve as a compelling precedent for subsequent cases. Other courts may rule differently on similar cases in the future, but one case would be grounds for other courts to follow suit.
Precedents are often used in many different ways by lawyers and legal critics. Law students will often read them to learn about what came before and to get an idea of what is likely to follow. A precedent can often indicate how future courts might rule on a particular matter or the importance of a particular matter at any given time. There is a fair amount of criticism, however, regarding the use of precedent in American law. Some have argued that they too often can cause courts to rule uniformly with what others have done, regardless of the facts of an individual case.
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