Precedent

Precedent refers to the use of previous court decisions in resolving current judicial questions. Precedent is thus, in some ways, a historical recollection of the development of legal matters or conflicts. Under the common-law concept of precedent, decisions that have been rendered on issues should be exemplars or [Page 658]guides for later cases when similar issue arises. By applying precedent, lower courts are essentially bound by the judgments of higher courts. While precedent is a practice and not a law, its use is binding in judicial decisions. This entry looks at types of precedent, conditions for overruling precedents, and practical application.