When it comes to understanding the difference between Precedence and Precedents, it is important to know that they are not the same thing. Precedence and Precedents are two closely related legal concepts, but they have distinct meanings. While precedence is a legal term that refers to the order in which legal proceedings take place, a precedent is a legal principle established by a court decision that is then used to determine the outcome of similar cases.

What is Precedence?

Precedence is a legal term that refers to the order in which legal proceedings take place. This order is established by the court system, and the outcome of each case is typically determined by its precedence. Precedence is based on the idea that the same issue should be handled in the same way each time it arises. For example, if two similar cases are heard in two different courtrooms, the court’s decision in the first case serves as the precedent for how the second case should be handled. Precedence creates a system of consistency among the courts and helps to ensure that similar cases are treated equally.

What Are Precedents?

Precedents are legal principles established by court decisions. When a court makes a decision in a case, that decision becomes a precedent that is used to determine the outcome of similar cases in the future. This is known as the doctrine of stare decisis, which is Latin for “let the decision stand.” The doctrine of stare decisis is based on the idea that the law should be consistent and that similar cases should be treated the same. Courts use precedents to ensure that the law is applied fairly and consistently.