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A previously decided case is considered binding in the court where it was issued and in all lower courts in the same jurisdiction. Precedents are used when a court decision in an earlier case has similar facts and laws to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case unless a party can show that it was wrongly decided or that it differed in some significant way.
A precedent can be used in a decision of courts of justice when exactly in point with a case before the court is generally held. They have binding authority, as well to keep the scale of justice even and steady because the law, in that case, has been solemnly declared and determined.
To render precedents valid, they must: b e founded in reason and justice, h ave been made upon the argument, and be the solemn decision of the court, and t here must be a current decision to give them a binding effect. Precedents can only be useful when they show that the case has been decided upon a certain principle and ought not to be binding when contrary to such a principle. If a precedent is to be followed because it is a precedent, even when decided against an established rule of law, there can be no possible correction of abuses because the fact of their existence renders them above the law.
It is always safe to rely on principles. Frequently the courts will reach different conclusions about the law. The state court in San Francisco might ban the use of Zoneout in the workplace, but the court in Los Angeles might allow it.
Until the California Supreme Court resolves the issue, medical care providers in the two different regions are facing different laws. This type of split also happens between federal courts of appeal, sometimes with three or four parts of the country under different interpretations of a given federal law. The alternative to the common law system is called a civil law system. In a civil law country, the legislatures pass very specific statutes, and these are applied by the courts.
Each judge who decides a case looks to the statute, rather than the previous cases, for guidance. In theory, in ambiguous cases each judge is free to reinterpret the statute as necessary to fit the facts of the specific case.
Although this interpretation need not draw on previous decisions by other judges, civil law judges do try to ensure some consistency in the application of the law by taking into consideration previous court decisions.
Louisiana retains some of the civil law procedures that were in force before it joined the United States. Previous Next. The Importance of Precedent.
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