Precedent and Stare Decisis

Theory of precedent

-If an issue has been properly decided, it should not be decided again -Every case will follow the same basic principles -Cases can be processed more efficiently

Persuasive precedent

Decisions from other jurisdictions or lower court within the same jurisdiction. The court is free to follow or go against this type of precedent

Loose cunstruction

From the Bramble Bush: Welcome precedent, maximizes the reach of these cases to show how they are applicable to the present case

Strict construction

From the Bramble Bush: unwelcome precedent, limits the reach of prior cases to show that they are not applicable to the case at hand

Stare Decisis

Requires a court follow its own decisions and decisions of higher courts within the same jurisdictions

Binding precedent

The court must reconcile the result in a given case with past decision (when stare decisis applies)