Legal methodsLesson 1 of 4 in the course Case law and precedent

Judicial Precedent, Persuasive Authority, and Comparative Case Law

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

This lesson introduces case law and explains how precedent guides courts, especially in common law systems. Understanding these ideas helps explain why similar legal disputes are often decided consistently over time.

Case law consists of legal principles drawn from decisions made by courts or other bodies performing adjudicative functions. Rather than relying only on rules enacted in advance, case law uses the facts and legal reasoning of previously decided disputes to guide later decisions.

All flashcards

What is case law?
Law developed from judicial decisions that resolve disputes and interpret or apply legal rules to particular facts.
What is a precedent?
An earlier judicial decision or legal principle that a court uses as guidance, or is required to follow, in a later case.
What is stare decisis?
The principle, meaning “let the decision stand,” under which courts follow applicable prior decisions to support consistency and predictability.
What does it mean to distinguish a case?
A court identifies a material difference between the current case and the earlier decision, explaining why the precedent should not control the current dispute.
How can a precedent be overruled?
Typically, a higher court considers the issue through an appeal and replaces or rejects the earlier legal rule, establishing a new precedent.

Quiz questions

  1. Why are lower courts generally required to follow binding decisions of higher courts?Answer: Court hierarchy and stare decisis support consistent application of law.
  2. A lower-court decision conflicts with precedent, but no party appeals. What may happen?Answer: The decision may remain in force in that case.
  3. What is ratio decidendi in a judicial decision?Answer: The reasoning necessary to decide the case.
  4. Which source is an example of persuasive authority rather than binding precedent?Answer: A legal treatise that may inform a judge's reasoning.
  5. How do decisions of Sweden's highest courts generally guide later cases?Answer: They have substantial practical authority, though not the formal status of common-law precedent.

Based on the Wikipedia article Case law, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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