Legal precedent is an essential concept in the field of law, used by judges to decide the outcome of a case. It refers to the principle that a decision made in a previous case should be followed in future similar cases. This is a critical tool for ensuring consistency and predictability in the legal system. However, not all legal precedents hold the same weight or authority. In this article, we will discuss the different types of legal precedents and their significance in the legal system.

1. Binding Precedent:
Binding precedents, also known as “mandatory” or “controlling” precedent, are decisions made by a higher court that all lower courts must follow. In other words, once a higher court has made a decision on a particular legal issue, all lower courts in its jurisdiction are bound to follow that decision in similar cases. For example, in the United States, the decisions of the Supreme Court are binding on all lower courts.

2. Persuasive Precedent:
Persuasive precedent refers to decisions made by courts that are not binding but are considered influential and can be used to support an argument. These decisions are often made by a different and lower court or in a different jurisdiction. The judge can choose to follow these decisions but is not obligated to do so. For instance, in a case involving a unique legal issue, a judge may look at the decisions of other jurisdictions or foreign courts for guidance.

3. Judicial Precedent:
Judicial precedent is a legal principle that states that a court should follow the decisions made in previous cases with similar facts and legal issues. This principle is based on the idea of consistency and the need to treat similar cases in the same way. In other words, if a court has decided an issue in a particular way before, it should continue to decide similar issues in the same way.

4. Stare Decisis:
Stare decisis, which means “let the decision stand,” is a doctrine that requires courts to follow established legal principles and not disturb settled matters. This principle is closely related to judicial precedent and is a fundamental aspect of the common law legal system. Simply put, it means that once a court has made a decision, it should stand unless there is a compelling reason to overturn it.

5. Original Precedent:
Original precedent refers to a decision made by a court that creates a new legal principle or rule. This type of precedent arises when there are no previous cases to follow or when the courts are presented with a new legal issue. These decisions are often made by a higher court and can have a significant impact on future cases.

For example, in the landmark case Brown v. Board of Education, the US Supreme Court made an original precedent by ruling that racial segregation in public schools was unconstitutional. This decision paved the way for ending segregation in other areas of society as well.

6. Departure from Precedent:
Departure from precedent occurs when a court chooses not to follow a previous decision, even though it is binding. This can happen when new evidence is presented, or the facts of the case are substantially different from the previous one. In such cases, a court may decide to deviate from the existing precedent and make a new decision.

In conclusion, the types of legal precedent discussed above play a vital role in the legal system. They provide a framework for judges to make consistent and fair decisions and ensure that the law is applied in a predictable manner. Understanding these different types of precedent is crucial for lawyers and judges in building their arguments and making sound legal decisions based on past decisions.