![]() ![]() If the photographer appeals the matter to a higher court, the appeals court has no obligation to defer to the lower court’s decision. The state court of Alabama rules in a civil lawsuit that a photographer must refund the entire amount charged to a client for a photo shoot, if the client is unhappy with any of the photos. Legal precedent set in the federal court system is not generally binding on any state court, though it is commonly used as persuasive precedent. Binding precedent applies only among courts of the same system, such as a state court hierarchy. Because of this, binding precedent is usually the result of decisions made at the appellate court or supreme court level, though it may apply to decisions made by courts of even, or horizontal, jurisdiction. ![]() ![]() Again, following the principle of stare decisis, binding precedent promotes the maintenance of answers to legal questions already established.ĭecisions made by a low-level court do not become binding precedent on courts of higher jurisdiction. Because a judge is bound by these previously made decisions, this is referred to as binding precedent. To this end, courts are bound to adhere to prior decisions made by a higher court on a similar legal matter. The use of legal precedent helps ensure court rulings remain consistent among similar cases. This means that courts should adhere to precedent, and not stir the pot on matters already settled. This principle is known as “ stare decisis” (Latin). legal system, there is a principle that compels judges to respect the precedent established by prior decisions on similar cases. ![]()
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