How Precedents Are Used in Court: A Comprehensive Guide

Precedents, often referred to as prior case law, play a crucial role in the legal system. They are legal decisions that serve as a guide for judges in future cases with similar facts. Precedents are a fundamental aspect of the common law system, particularly prevalent in countries like the United States and the United Kingdom.

What Are Precedents?

In its broadest sense, a precedent is anything that has happened before. More specifically, in the legal context, it refers to a situation where a higher court's decision is used as a guiding principle by lower courts in future cases with similar legal issues. This practice is predicated on the principle of stare decisis, which means 'to stand by things decided.' This principle ensures legal consistency and predictability.

Types of Precedents

There are several types of precedents:

Binding Precedents: These are decisions made by courts of higher authority in the same jurisdiction that must be followed by lower courts. For instance, all Texas state courts must adhere to the law as stated by the Texas Supreme Court. Non-Binding Precedents: These are decisions made by lower courts that are not mandatory but can be considered for guidance. A trial court's decision, for example, does not bind an appellate court within the same state. Horizontal Precedents: These occur when courts within the same level of jurisdiction (e.g., different state supreme courts) follow each other's decisions. However, this is less common than vertical precedents. Persuasive Precedents: These are not legally binding but can be influential. Judges may use these to inform their decisions, especially in cases where binding precedents do not exist or are not directly applicable.

Case Involving Breach of Contract

To illustrate how precedents are used in court, consider a common legal scenario. Suppose you enter into a contract to buy a car from a dealer, and the dealer fails to deliver the vehicle as promised. If you decide to sue the dealer, you can cite prior decisions by Texas courts to establish that a seller is liable for breach of contract if they fail to perform as promised.

Principles of Stare Decisis

The principle of stare decisis is a cornerstone of the common law system. It ensures that once a legal principle is established, it should be applied consistently in future cases of a similar nature. However, the application of this principle is not absolute. A court can still depart from a precedent if the facts of the current case are significantly different from those of the earlier case.

Differences in the Application of Precedents

While binding precedents are mandatory for lower courts, judges can still choose not to follow them if the facts of the current case are substantially different. For example, a judge in a trial court might find that the facts of the current case are distinguishable from those in a previous binding precedent and therefore choose not to apply the same legal principles.

Persuasive Precedents

Persuasive precedents are recommendations rather than mandates. These can come from lower courts, courts in other jurisdictions, or even non-judicial bodies. While persuasive precedents can be influential, they do not bind higher courts. A state trial judge, for instance, can consider a persuasive precedent from another state, but cannot be compelled to follow it if the issue has already been addressed by the state's supreme court in a different manner.

Further Reading

For a more in-depth understanding of the nuances and complexities of precedents, it is worth consulting legal textbooks or articles written by judges and legal scholars, such as the book reviewed by Justices of the United States Supreme Court. These resources provide a detailed analysis of the various legal circumstances under which precedents can be used and the factors that influence their application.