binding precedent
Mandatory prior decision
A binding precedent is a prior court decision that lower courts must follow when deciding similar cases.
The principle underlies common law systems, where judicial rulings create law.
A precedent is binding when issued by a higher court in the same jurisdiction: The Supreme Court's ruling on search and seizure is binding precedent for all federal courts.
Distinguished from persuasive precedent, which courts may consider but aren't obligated to follow.
- rulingFormal legal determination
- common lawJurisprudence from judicial decisions
- supreme courtApex of judicial hierarchy
- court of last resortHighest appellate tribunal
- lower courtTribunal subject to appeal
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