Civic · 6 pages · 12 min
How precedent works and how it bends
Precedent tells later courts to follow an earlier holding, unless they distinguish or overrule it.
When the purchase is complete, return to the original window. It will refresh.
From the opening
Precedent is the practice of treating an earlier court's holding, the rule necessary to its result, as a reason later courts must respect. Like cases are supposed to come out alike, so the law does not depend only on which judge is sitting today. The opening covers holdings travel to later cases, side comments bind more weakly, and new facts can distinguish a case.
The rest of the brief — the later sections and the reading notes — opens after Stripe confirms payment.
Inside
- Holdings travel to later cases
- Side comments bind more weakly
- New facts can distinguish a case
- Only some courts can overrule
- Where the idea stops applying
- A distinction worth keeping
Sources
- Stare decisis
- Holding versus dicta