In law, a binding precedent (also mandatory precedent or binding authority) is a precedent which must be followed by all lower courts. It is usually created by the decision of a higher court, such as the House of Lords in the United Kingdom. Binding precedent relies on the legal principle of stare decisis. Equality and the balancing of interests under law is symbolised by a blindfold and weighing scales For other senses of this word, see Law (disambiguation). ... In law, a precedent or authority is a legal case establishing a principle or rule which a court may need to adopt when deciding subsequent cases with similar issues or facts. ... The phrase lower court has several possible meanings in English: In reference to an appeal, the lower court is the court whose decision is being reviewed. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ...
In law, a precedent or authority is a legal case establishing a principle or rule which a court may need to adopt when deciding subsequent cases with similar issues or facts.
When a precedent establishes an important legal principle, or represents new or changed law on a particular issue, that precedent is often known as a landmark decision.
Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et non quieta movere--"to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision.
Precedents of a United States court of appeals may be overruled only by the court en banc, that is, a session of all the active appellate judges of the circuit, or by the United States Supreme Court.
A precedent does not bind a court if it was found there was a lack of care in the original “Per Incuriam”, for example if a statutory provision or precedent had not been brought to the courts decision.
Occasionally, the application of prior case law results in court decisions which the judge explicitly states personal disagreement with the judgment he or she has rendered, but that he or she is required to do so by bindingprecedent, that is, the issue at hand was already decided by a higher court.
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