Where Do Precedents Come from?

Where Do Precedents Come from?

Precedent is generally established by a series of decisions. Sometimes, a single decision can create precedent. For example, a single statutory interpretation by the highest court of a state is generally considered originally part of the statute.

How are precedents created?

Where the court hears a case that involves, for instance, a law and/or a set of facts that have never come before the courts, then the outcome will create an 'original precedent'that future judges will follow.

Who creates precedent?

Precedent is a legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts (within a particular system of courts) are mandatory precedents on lower courts within that system.

Maya Lin-Takahashi
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Maya Lin-Takahashi

Maya is a hardware enthusiast who tests and reviews smart home devices, smartphones, wearables, and audio gear. She focuses on practical consumer value and build quality.