General Legal
Precedent
Definition
Precedent refers to a prior judicial decision that serves as authority for deciding subsequent cases involving similar facts or legal issues. Binding precedent (mandatory authority) comes from a higher court in the same jurisdiction and must be followed. Persuasive precedent (from courts in other jurisdictions, lower courts, or dissenting opinions) may be considered but is not binding. The system of precedent is foundational to the common law tradition and is closely related to the doctrine of stare decisis.
Example
A trial court in California is bound by California Supreme Court precedent. Decisions from the New York Court of Appeals may be persuasive but are not binding.