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The US Supreme Court

Precedent and legal reasoning

  • 3 things to know
  • A2 Unit 4

Overview

Stare decisis, binding precedent and distinguishing a precedent.

What you need to know

Answer each one before you reveal it.

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Key term

What is stare decisis?

Key term

What is a binding precedent?

Key term

What is distinguishing a precedent?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is stare decisis?

    Model answer

    The principle that a court should follow the rules laid down in its earlier decisions.

  2. 2

    Why does stare decisis matter?

    Model answer

    It makes law predictable, treats like cases alike, and lets people and institutions plan on a settled rule.

  3. 3

    What is a binding precedent?

    Model answer

    A decision of a higher court that lower courts must follow on the same point of law.

  4. 4

    Is the Supreme Court bound by its own previous decisions?

    Model answer

    No; it follows them as a strong presumption but may overrule them.

  5. 5

    What is distinguishing a precedent?

    Model answer

    Holding that an earlier decision does not apply because the material facts of the present case differ.

  6. 6

    Why is distinguishing described as a quieter alternative to overruling?

    Model answer

    It narrows a precedent's reach without the disruption and criticism of formally discarding it.

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AAccess is bought rather than earned.
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