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Precedent

society Maturity 11-13 Next article →

When a judge makes a choice in court, it is called a precedent. This choice can help judges decide new cases. This helps the law stay the same for everyone. This idea is called stare decisis. It is a Latin phrase. It means to stand by things decided.

There are two main types of precedent. Binding precedent is a rule a judge must follow. For example, lower courts must follow the U.S. Supreme Court. Persuasive precedent is different. A judge can look at these ideas for help. But they do not have to follow them. They might look at choices from other places.

In some systems, judges use a special reason for their choice. This is called the ratio decidendi. It is the main reason for the final judgment. Judges might also say things in passing. These are called obiter dicta. These comments are not rules that must be followed.

Some countries use common law. These systems rely a lot on past choices. Other countries use civil law. These systems use big books of written rules called codes. Judges in those places focus on the written law more than past choices.

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