Which statement best describes a precedent?

Which statement best describes a precedent?

• A. A previous court decision used as a guide for future cases
• B. A future statute enacted by Parliament
• C. A judicial appointment process
• D. A government departmental policy

Answer: (A)

Precedent is a previous court decision that guides future cases with similar facts. In common law, judges rely on past decisions to determine outcomes in new disputes, promoting consistency and predictability. The binding part comes from the rule or reasoning that actually determined the case—the ratio decidendi—while other comments in the decision (obiter dicta) aren’t binding but can influence later judgments. Precedents can be overruled by higher courts or changed by new legislation, or distinguished if the facts are sufficiently different. For example, a past ruling that a contract must include certain terms to be enforceable becomes the rule for later cases with similar contracts. The other options describe a statute, a judicial appointment process, or a government policy, none of which establish a court-made rule that guides future cases in the same way.

Precedent is a previous court decision that guides future cases with similar facts. In common law, judges rely on past decisions to determine outcomes in new disputes, promoting consistency and predictability. The binding part comes from the rule or reasoning that actually determined the case—the ratio decidendi—while other comments in the decision (obiter dicta) aren’t binding but can influence later judgments. Precedents can be overruled by higher courts or changed by new legislation, or distinguished if the facts are sufficiently different. For example, a past ruling that a contract must include certain terms to be enforceable becomes the rule for later cases with similar contracts. The other options describe a statute, a judicial appointment process, or a government policy, none of which establish a court-made rule that guides future cases in the same way.