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| | also the reference to right topics consider precedent please! |
A precedent describes a legal case, whose decision developed for the yardstick of other cases.
Such precedents become relevant particularly in the anglo American right circle (English. Precedent). The there juridical system is based on the evaluation of comparable judicial rulings. The judicial decision becomes even part of the juridical system and is basis for further judgements. Precedents above all struggle-lower courts bind being thing.
In German and in the continental-European right circle legal decisions orient themselves at laws and not at the decisions of other courts. Of a precedent one can speak if an upper court in a judgement specifies fundamental for the interpretation of this law. Crucial it is however that also in the future the law is used, and the precedent only for this one interpretation assistance offers. Other courts are not bound directly by precedents themselves. Therefore one speaks in Germany usually not of precedents but of decisions of general principle.
Decisions of the Federal Constitutional Court form an exception, there it a law-same effect unfold and/or. on the effect and validity of laws to take know influence. They and the pertinent reasons and interpretations are binding for all other courts.
See also: common law, case law, Obiter Dictum, reason Decidendi
