Why is a precedent law created?

Answer 1

It is imperative that once a precedent is set it is followed unless it is re- characterized or overruled by a higher court, precedents must be followed. Why you ask? Using precedents are a method of ensuring justice is administer and adjudicated equally for comparable crimes, circumstances, civil torts, etc.

Answer 2

common law is the body of law coming from tradition and court proceedings over the centuries. Established in England in 1189.

Common law and case law are generally the same thing;

A precedent is a:

Law . a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.

2. any act, decision, or case that serves as a guide or justification for subsequent situations. So a preceent becomes a part of common law, or changes common law if it overrules or changes some part of it. In the United States, precedents and common law affect on the jurisdiction that court resides in.

Example: If the 9th Appeals Court (West Coast) says that gay marriage is legal, it is ONLY Legal in the west coast, not in the rest of the country. The Supreme Court must hear and decide for that to happen. In doing so they would create a precedent.

Another View: (in the US) The US does not operate on a common law system, it is a statute law system, in which the statutes are oftentimes BASED on precedents contained in common law.

Therefore, under the US system of law, the question is asked backwards - common law may be the precedent for the statute that was enacted, but not the other way around.

Answer 3

The majority of court cases are followed on the basis of precedent, meaning that they decide based on similar cases from the past. This all contributes to common lawmaking.