Binding Precedent
Definition
A decision of a superior court that a lower court in the same hierarchy must follow when deciding a case with materially similar facts and legal questions. Distinguished from persuasive precedent, which a court may consider but is not required to follow.
- Source
- Decision of a superior court
- Binds
- Lower courts in the same hierarchy
- Condition
- Materially similar facts and legal questions
- Contrast
- Persuasive precedent, not mandatory
Common questions
What happens when a lower court believes a binding precedent was wrongly decided?+
The lower court must still apply it, since only a court of equal or higher authority, or the same court in specific limited circumstances, can overturn or distinguish a binding precedent.
How can a court avoid a precedent without directly overturning it?+
By distinguishing the case, finding that the facts or legal issue differ materially enough from the precedent that its ruling does not control the outcome.
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