What it means:
* Following precedent: When a judge encounters a new case, they look for similar past cases (precedents) that have been decided by higher courts within their jurisdiction.
* Respecting hierarchy: Courts are organized in a hierarchy, with higher courts having more authority. Lower courts are bound to follow the decisions of higher courts.
* Consistency and predictability: Citing authority helps ensure consistency in applying the law. It creates predictability, allowing lawyers and parties to anticipate how the law will be applied.
How it works:
1. Identifying relevant precedents: Lawyers research past cases that are similar to the current case.
2. Analyzing the precedents: They examine the facts, arguments, and legal reasoning of the past cases.
3. Applying the precedents: Lawyers argue that the precedents support their client's position or that the precedents are distinguishable from the current case.
4. Judge's decision: The judge considers the arguments and precedents presented by both sides, applies the law, and makes a ruling.
Benefits of citing authority:
* Fairness and impartiality: It helps ensure that similar cases are treated similarly.
* Stability and predictability: It provides a framework for understanding and applying the law.
* Efficiency: It reduces the need to re-litigate similar issues.
Exceptions:
* Overruling: A higher court can overrule a previous precedent, effectively changing the law.
* Distinguishing: A court can distinguish a case from precedent if it believes the facts or legal issues are significantly different.
Example:
A case about a car accident where the driver ran a red light. The lawyer researching the case finds a precedent where a similar accident occurred, and the driver was found liable. This precedent can be cited as authority to support the argument that the driver in the current case should also be held liable.
In summary: Citing authority is a crucial element of common law systems, ensuring consistency, fairness, and predictability in applying the law. It involves relying on past judicial decisions to resolve present legal disputes.