BINDING PRECEDENT Meaning and
Definition
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Binding precedent refers to a legal principle established by a higher court that must be followed and applied by lower courts in subsequent cases that involve similar facts or legal issues. It is a doctrine in common law jurisdictions that ensures consistency and predictability in the judicial system.
When a higher court, such as an appellate court or a supreme court, makes a decision on a particular legal issue, that decision becomes a binding precedent for lower courts within the same jurisdiction. This means that any lower court, when faced with a similar case, is required to follow and adopt the legal reasoning and outcome of the higher court's decision. The principle of binding precedent is also commonly referred to as stare decisis, which is Latin for "to stand by things decided".
Binding precedents play a crucial role in shaping the development of a legal system as they provide certainty and promote a consistent interpretation and application of the law. They help establish legal principles and rules that guide judges in making decisions, ensuring fairness and equal treatment under the law. However, it is important to note that binding precedents can be overturned or distinguished in exceptional circumstances, such as if a higher court decides that a previous decision was incorrect or if there are significant changes in societal values or legal perspectives.
Common Misspellings for BINDING PRECEDENT
- vinding precedent
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- ginding precedent
- bunding precedent
- bjnding precedent
- bknding precedent
- bonding precedent
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- binsing precedent
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- bincing precedent
- binfing precedent
- binring precedent
- bineing precedent
Etymology of BINDING PRECEDENT
The word "binding" comes from the verb "to bind", which has Old English roots. It ultimately derives from the Proto-Germanic word "bindanan". "Precedent", on the other hand, comes from the Latin word "praecedentia", which means "going before" or "preceding". The word "precedent" entered the English language in the 15th century from the Old French word "precedent", which has the same meaning. The term "binding precedent" is used in legal contexts to describe a legal rule or decision that must be followed by lower courts when deciding similar cases. Thus, the etymology of "binding precedent" combines the concept of something that must be followed or adhered to (binding) and something that came before or set an example (precedent).
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