Stare Decisis and precedent

Question 1

What is precedent?

Answer 1

Earlier decided cases.

Question 2

What is stare decisis?

Answer 2

Stare decisis is the tendency of courts to follow rules of law announced by courts in earlier cases on similar legal issues when presented with similar facts.

Question 3

Describe the application of stare decisis.

Answer 3

More of an art, than a science, and the application will depend on a number of circumstances.

The factors of whether precedent is binding are described in Hart v. Massanari, which include:

1. Similarity of the legal issues presented.
2. Relationship between the court that earlier decided the case and court that is now deciding on the case.
3. The scope of the holding in the earlier decided case, which includes considering:
   a. The similarity of the facts presented.
   b. is the earlier cited precedent dictum or holding.