Legal Definitions - precedent

In the legal system, precedent refers to a principle or rule established in a previous court case that is then used as authority for deciding subsequent cases with similar facts or legal issues.

It is a fundamental concept that ensures consistency and fairness in the application of the law. When a higher court makes a decision on a particular legal question, lower courts within the same jurisdiction are generally expected to follow that decision when faced with similar circumstances. This practice helps to ensure that individuals in comparable situations are treated alike, rather than having outcomes depend solely on the personal views of an individual judge.

Here are some examples to illustrate how precedent works:

• Contract Law: Imagine a state's highest court rules that an email exchange between two businesses, clearly outlining an offer, acceptance, and terms for a sale, constitutes a legally binding contract, even without a formal signed document. This decision sets a precedent. If a lower court in that state later hears a case involving a similar dispute over an email-based agreement, it would look to the higher court's ruling as a guide. The lower court would likely decide that the email exchange in the new case also forms a binding contract, ensuring consistency in how electronic communications are treated in contract formation.

• Environmental Regulations: Suppose a federal appeals court rules that a specific type of industrial discharge into a river violates a particular section of the Clean Water Act, even if the discharge is below a certain volume, because of its cumulative toxic effect on aquatic life. This ruling establishes a precedent for all federal district courts within that appeals court's jurisdiction. If a new lawsuit is filed against a different company in that region for a similar type of discharge, the district court would be bound by the appeals court's interpretation of the Clean Water Act and would likely find the new discharge also to be a violation, promoting uniform enforcement of environmental laws.

• Criminal Procedure: The U.S. Supreme Court once ruled that police must inform suspects of their right to remain silent and right to an attorney before custodial interrogation (the "Miranda warning"). This landmark decision created a nationwide precedent. Now, whenever a criminal case involves a suspect's statements made to police during interrogation, courts across the country must examine whether the Miranda warning was properly given. If it wasn't, the statements are generally inadmissible as evidence, demonstrating how a single high court decision can establish a binding rule for all future similar cases.