Question

What is a precedent? Why does it exist? When might a court deviate from it? Can you cite an example of when or why a court has done so?

Answer 1

Precedent is a legal rule or standard established by the courts through their decisions on certain issues in past, which acts as a directive for the future cases on similar issues or facts. These are some landmark decisions which direct the courts and provide guidance for cases involving the same facts or circumstances involving similar legal principles. The precedents of higher courts are binding on lower courts which are reuired to abide by it. However the court might deviate from precedent if it strongly believes that the legal principles were not applied appropriately at that time,leading to erroneous decision, or the underlying circumstances, laws and regulations have changed in such a way that those facts are no longer relevant today.

The case of overturning is that of Lochner v. New York where the court ruled the 60 hour weekly work limit as unconstitutional, as it vio,ated the 14th amendment by limiting a person's right to freely enter into contracts. However, this precedent was overruled in case of West Coast Hotel v. Parrish where the court ruled that the freedom to contract freely, as guaranteed by 14th amendment could be limited by reasonable laws designed to protect workers' health and safety.