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Glossary

Precedent

common-law

A decided case that guides or binds later courts on the same legal question.

In more detail

Binding precedent operates vertically, from higher to lower courts, and in some systems horizontally on the court itself. Only the ratio decidendi binds; obiter observations persuade. Civil-law courts follow settled case law in practice without formal binding force.

Related terms

  • stare-decisis
  • ratio-decidendi

See how this applies to you

Definitions are general. How a term operates depends on the jurisdiction you are in.