Precedent

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Doctrine of precedent means that courts will look at the decisions made in prior cases to determine the appropriate resolution for new cases.

• one of the most important traditions in the American legal system
• E.g., Supreme Court
  • lower federal courts must follow how law was interpreted by Supreme Court
  • state courts must also follow in cases relating to constitutional or federal law
• referred to as doctrine of stare decisis
  • stand by things decided
  • courts must follow the decisions of courts above it
• provides predictability and stability in law
• ensures laws are fairly and consistently applied
• precedent is not absolute
  • can change when it is apparent that society’s values on a particular issue have changed
  • can also change when a high court finds that the application of precedent is unreasonable
  • overturning precedent is a milestone even for the law
    • changes established legal principles

Example

Payne v. Tennessee (1991)

Chief Justice William Rehnquist wrote,

“Adhering to precedent is usually the wise policy, because, in most matters, it is more important that the applicable rule of law be settled than it be settled right. Nevertheless, when governing decisions are unworkable or are badly reasoned, this Court has never felt constrained to follow precedent. Stare decisis is not an inexorable command; rather, it is a principle of policy and not a mechanical formula of adherence to the latest decision.”

Note

A landmark court decision is a decision that establishes new precedent.

• can significantly change how the legal system views and interprets the law
• Many of the cases discussed here are landmark cases