Changes

'''Precedent''' is a judicial term describing the assumption that 1) if a higher court has ruled on a case with similar circumstances, the lower court must follow the higher court's reasoning, 2) that even the highest Court in the land, the Supreme Court, must follow it's own rulings in cases where circumstances are similar or the same.  

'''Precedent''' is a judicial term describing the assumption that 1) if a higher court has ruled on a case with similar circumstances, the lower court must follow the higher court's reasoning, 2) that even the highest Court in the land, the Supreme Court, must follow its own rulings in cases where circumstances are similar or the same.  

There are three ways to rule around precedent for a lawyer or judge.  The first is to show why the facts of law in this case are distinct from the facts of law in the prior case.  This is the most common, and most effective.  The second way is for the attorney to ask the court to reconsider the controlling precedent.  In [[Lawrence v. Texas]] for example, the precedent was held by Browers, and so the court had to officially overturn Browers before they decided Lawrence v. Texas.

There are three ways to rule around precedent for a lawyer or judge.  The first is to show why the facts of law in this case are distinct from the facts of law in the prior case.  This is the most common, and most effective.  The second way is for the attorney to ask the court to reconsider the controlling precedent.  In [[Lawrence v. Texas]] for example, the precedent was held by Browers, and so the court had to officially overturn Browers before they decided Lawrence v. Texas.