Words and phrases

 

'Binding' and 'persuasive' precedents

The doctrine of precedent requires that a court must follow a previous decision of a superior court in the same hierarchy, unless the two cases can be distinguished on their material facts. When a previously decided case of a superior court cannot be distinguished on its material facts, it is considered to be a 'binding precedent'. When a previously decided case is not a binding precedent, a court may nevertheless be persuaded to follow the precedent it sets. In such cases the previous decision is described as a 'persuasive precedent'.