What is precedent?

What is precedent?

• A. A current law passed by Congress
• B. A prior judicial decision used as a guide
• C. A constitutional amendment
• D. A court order in a civil case

Answer: (B)

Precedent is a prior judicial decision used as a guide for deciding later cases. This idea, grounded in stare decisis, helps courts resolve similar disputes in a consistent and predictable way: when faced with a comparable issue, judges look to how a previous case was decided and apply that reasoning to the current one. Precedent isn’t a statute or an amendment; it’s the built-up body of judicial reasoning that future courts follow. Higher courts’ decisions bind lower courts in the same jurisdiction, shaping how rules are applied across many cases. A current law passed by Congress is statute, created by lawmakers, not a guiding court decision. A constitutional amendment changes the Constitution itself, not existing case law. A court order in a civil case is a directive for the parties in that particular case, not a general rule that governs future cases. So, a prior judicial decision used as a guide is what precedent means.

Precedent is a prior judicial decision used as a guide for deciding later cases. This idea, grounded in stare decisis, helps courts resolve similar disputes in a consistent and predictable way: when faced with a comparable issue, judges look to how a previous case was decided and apply that reasoning to the current one. Precedent isn’t a statute or an amendment; it’s the built-up body of judicial reasoning that future courts follow. Higher courts’ decisions bind lower courts in the same jurisdiction, shaping how rules are applied across many cases. A current law passed by Congress is statute, created by lawmakers, not a guiding court decision. A constitutional amendment changes the Constitution itself, not existing case law. A court order in a civil case is a directive for the parties in that particular case, not a general rule that governs future cases. So, a prior judicial decision used as a guide is what precedent means.