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.
Related terms
- Delegated Legislation
- Rules, regulations, notifications, and statutory instruments made by an executive body under authority granted by a parent statute. Forensic laboratory accreditation standards...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Primary Legislation
- Statutes enacted by the legislature: Acts of Parliament, Congressional Acts, or the codes enacted by a national assembly. Examples relevant to forensic...
- Professional Code
- A set of conduct standards issued by a professional body, regulatory authority, or accreditation scheme. Examples include the Forensic Science Regulator's Codes...
- Stare Decisis
- The common-law doctrine that courts are bound to follow the decisions of higher courts in the same judicial hierarchy. Provides consistency and...
Explained in
- Sources of Law for the Forensic ScientistA 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. Dis...