Describe how legal rules are created by precedent
Precedent sets legal rulings in courts, whilst judges may not necessarily have to consider precedent it
still determines the parameters that they operate in. There are a few rules in regards to the rulings
of a court on the basis of precedents. First the precedent will always be set in previous cases. In
other word in a case that existed that is similar to the case being heard should influence the judge’s
decision. Second the ruling of a higher court must always be considered and cannot be superseded
by a lower court.
There are also 2 types of precedent that must be noted with their differences. First is persuasive
precedent which simply means that a judge should consider similar cases and give verdict based on
the similarities shared between cases. The cases can be from anywhere, anytime, but their relevance
will be considered and if it’s not then it can be used to secure a similar sentence/verdict to that case.
However persuasive precedent doesn`t force a judge to consider any cases if he does not wish to do
so, in other words there is no obligation for a judge to look at other cases. The other type of
precedent is binding precedent. Here a judge must consider precedent and use similar cases to
decide the sentence/verdict. He will also be reminded to look at the stones as they will be obligated
to do so. Precedent though is always binding on a lower court by a higher one. A court higher than
the one that set the precedent doesn’t have to follow precedent they have set though it may be
consider.
Precedent sets legal rulings in courts, whilst judges may not necessarily have to consider precedent it
still determines the parameters that they operate in. There are a few rules in regards to the rulings
of a court on the basis of precedents. First the precedent will always be set in previous cases. In
other word in a case that existed that is similar to the case being heard should influence the judge’s
decision. Second the ruling of a higher court must always be considered and cannot be superseded
by a lower court.
There are also 2 types of precedent that must be noted with their differences. First is persuasive
precedent which simply means that a judge should consider similar cases and give verdict based on
the similarities shared between cases. The cases can be from anywhere, anytime, but their relevance
will be considered and if it’s not then it can be used to secure a similar sentence/verdict to that case.
However persuasive precedent doesn`t force a judge to consider any cases if he does not wish to do
so, in other words there is no obligation for a judge to look at other cases. The other type of
precedent is binding precedent. Here a judge must consider precedent and use similar cases to
decide the sentence/verdict. He will also be reminded to look at the stones as they will be obligated
to do so. Precedent though is always binding on a lower court by a higher one. A court higher than
the one that set the precedent doesn’t have to follow precedent they have set though it may be
consider.
