Do you understand what it means when a precedent is set in the courts? ?

Question

10 points for best answer explaining how a previous precedent being set can change the outcome of a court case. Then explain if you think that it is true justice.....

Answer 1

A precedent is when a court uses the logic of another court's decision in order to make it's ruling in a case.  I think it is true justice because it gives continuity to the judicial system.  Rather than having each court make it's own decisions each time, the court can look at the logic governing other cases and follow their ruling.  Precedent can also change as well.  Segregation was continually ruled to be constitutionally valid for decades but was eventually changed in the 1950s.  A court doesn't have to follow precedent, it just gives them a template to follow.

Answer 2

There are a couple of things that can set a precedent. The two most common are "judicial notice" and case law.

An example of judicial notice is a drug sniffing dog. The courts recognize the dog is trained, so if the dog alerts to a car, the court recognized there is a high probability there are drugs in the car, giving probable cause to search without a warrant.

Case law is when a higher court makes a ruling on a legal fact, and all lower courts are then bound by that ruling. A highly recognized example of case law is Miranda v. Arizona, which set the guidelines for Miranda rights.