A binding precedent, in the context of common law jurisdictions, refers to a principle or rule established in a previous legal case that must be followed by courts in future cases that are similar in facts and legal issues.
This doctrine, known as stare decisis, ensures consistency and predictability in the law by obligating lower courts to follow the decisions of higher courts within the same jurisdiction.
When a court decides a case, its ruling on the legal issues can serve as a binding precedent for future cases with similar circumstances.
This means that lower courts are bound to apply the same legal principles established by higher courts' decisions when faced with comparable cases.
Binding precedent is a cornerstone of the common law system, promoting the orderly development of legal rules and fairness in the administration of justice.
Constitutional Law: Decisions of supreme or constitutional courts on matters of constitutional interpretation are binding precedents for all lower courts.
Criminal and Civil Law: Appellate court decisions set binding precedents that must be followed by lower courts in criminal and civil cases, shaping the application of law in these areas.
One common misconception is that all past court decisions are binding precedents. In reality, only decisions from higher courts within the same jurisdiction are binding on lower courts. Another misunderstanding is that courts cannot deviate from binding precedent.
While lower courts are generally bound by precedent, higher courts have the authority to overturn or modify their previous decisions if deemed necessary to correct a mistaken principle or to adapt to changing social and legal contexts.
Contracts and Agreements Lawyer Serving at Birmingham - Michigan
1895 Bradford Rd, Michigan, 48009-7253
Thomas M. Cooley
Contracts and Agreements,
Freedom of Information Act,
Government Contracts,
Employment and Labor,
State, Local And Municipal Law,
Government
and Tax
Birmingham, Michigan
Contracts and Agreements Lawyer
Free Consultation
+12486353360
0 reviews
Lawyer Serving at Birmingham - Michigan
1895 Bradford Rd, Michigan, 48009-7253
Free Consultation
+12486353360
Contracts and Agreements Lawyer Serving at Brighton - Michigan
224 N 1st St, Michigan, 48116-1205
Contracts and Agreements
and International Law
Brighton, Michigan
Contracts and Agreements Lawyer
Free Consultation
+15175408909
0 reviews
Lawyer Serving at Brighton - Michigan
224 N 1st St, Michigan, 48116-1205
Free Consultation
+15175408909
Business Lawyer Serving at Dearborn - Michigan
23756 Michigan Ave Ste 300, Michigan, 48124-1853
University of Detroit Mercy School of Law
Business,
Criminal Defense,
Family,
Immigration
and Personal Injury
Dearborn, Michigan
Business Lawyer
Free Consultation
+13139086019
0 reviews
Lawyer Serving at Dearborn - Michigan
23756 Michigan Ave Ste 300, Michigan, 48124-1853
Free Consultation
+13139086019
Civil Rights Lawyer Serving at Ann Arbor - Michigan
1675 Green Rd, Michigan, 48105-2530
Michigan State University College of Law
Civil Rights,
Freedom of Information Act,
Government Contracts,
Insurance,
State, Local And Municipal Law,
Government
and Police Misconduct
Ann Arbor, Michigan
Civil Rights Lawyer
Free Consultation
+17346696305
0 reviews
Lawyer Serving at Ann Arbor - Michigan
1675 Green Rd, Michigan, 48105-2530
Free Consultation
+17346696305
Commercial Lawyer Serving at Farmington Hills - Michigan
31440 Northwestern Hwy Ste 145, Michigan, 48334-5420
University of Detroit Mercy School of Law
Commercial,
Contracts and Agreements,
Environmental and Natural Resources,
Litigation,
Probate
and Real Estate
Farmington Hills, Michigan
Commercial Lawyer
Free Consultation
+12484698068
0 reviews
Lawyer Serving at Farmington Hills - Michigan
31440 Northwestern Hwy Ste 145, Michigan, 48334-5420
Free Consultation
+12484698068
Business Lawyer Serving at Ann Arbor - Michigan
789 N Dixboro Rd, Michigan, 48105-9723
Business,
Commercial,
Contracts and Agreements,
Health Care,
Licensing
and Securities Offerings
Ann Arbor, Michigan
Business Lawyer
Free Consultation
+17344749216
0 reviews
Lawyer Serving at Ann Arbor - Michigan
789 N Dixboro Rd, Michigan, 48105-9723
Free Consultation
+17344749216
Juvenile Lawyer Serving at Hamtramck - Michigan
2933 Caniff St Unit 12250, Michigan, 48212-4712
Juvenile
and Probate
Hamtramck, Michigan
Juvenile Lawyer
Free Consultation
+13135879762
0 reviews
Lawyer Serving at Hamtramck - Michigan
2933 Caniff St Unit 12250, Michigan, 48212-4712
Free Consultation
+13135879762
Workers Compensation Law Lawyer Serving at Los Angeles - California
Law Office of Damir Junicic, 10880 Wilshire Blvd Ste 1101, California, 90024-4112
Workers Compensation Law
Los Angeles, California
Workers Compensation Law Lawyer
Free Consultation
+13107535155
0 reviews
Lawyer Serving at Los Angeles - California
Law Office of Damir Junicic, 10880 Wilshire Blvd Ste 1101, California, 90024-4112
Free Consultation
+13107535155
Environmental and Natural Resources Lawyer Serving at Detroit - Michigan
651 E Jefferson Ave, Michigan, 48226-4349
Wayne State University School of Law
Environmental and Natural Resources
Detroit, Michigan
Environmental and Natural Resources Lawyer
Free Consultation
+13135969817
0 reviews
Lawyer Serving at Detroit - Michigan
651 E Jefferson Ave, Michigan, 48226-4349
Free Consultation
+13135969817
Business Lawyer Serving at Mount Pleasant - Michigan
164 Grawn Hall, Michigan, 48859-0001
University of Pennsylvania Law School
Business,
Contracts and Agreements,
Immigration,
Mergers and Acquisitions,
Divestitures,
Public Finance and Tax Exempt Finance,
Securities Offerings,
Sports
and Tax
Mount Pleasant, Michigan
Business Lawyer
Free Consultation
+19897742624
0 reviews
Lawyer Serving at Mount Pleasant - Michigan
164 Grawn Hall, Michigan, 48859-0001
Free Consultation
+19897742624
Don’t have an account? Sign up
View Website
Email Lawyer
Sign up using your Google account
Sign up using your LinkedIn account