præcedens

Præcedens is a legal term referring to a prior judicial decision that serves as a source of guidance or authority for deciding future cases with similar issues. The word derives from Latin praecedens, meaning “going before.” In many legal systems, especially those based on common law, a precedent can influence the outcome of later cases.

In common law jurisdictions, precedents have a binding or persuasive effect. The binding portion of a decision is called the ratio decidendi—the rule of law that actually decided the case. Other statements in the decision, known as obiter dicta, are not binding but may be persuasive for future cases. Higher court decisions generally bind lower courts within the same jurisdiction, creating a hierarchical system of stare decisis that promotes consistency and predictability in the law.

In civil law countries, jurisprudence traditionally plays a more secondary role to codified statutes. Decisions are typically not binding in the same way as in common law, but over time, court rulings can influence interpretation and application of the law. In some jurisdictions, a high court’s ruling may create a quasi-precedent that lower courts consider when faced with similar questions.

A precedent can be distinguished if the facts or legal issues differ, or it can be overruled by a later decision or legislative change. Precedents thus evolve as courts interpret broader principles, respond to new circumstances, and refine legal doctrine.