The reality of binding precedent in America

Abstract

This article offers the reader an opportunity to understand the use of binding precedent in the United States, both in the State and Federal justice systems. The author offers commentary which supports the position that America’s use of binding precedent provides a basis for law students, lawyers, law professors, judges and law-makers to forecast what a court should decide ina case subject to established precedent. The article explains both how precedent is created and how such is used by the courts to adjudicate cases. The material further explains that binding precedent in America does not mean that the precedent of a case is written in stone. The manner in which precedent is changed prospectively is discussed, as well as the necessary legal education characteristics and justice system support functions which must exist to allow a legal culture to use binding precedent successfully. The author concludes thatthe method of legal education and support system necessary to assure the effective use of binding precedent in America is justified by the stability and predictability of legal decisions which the concept makes possible.