The concept of precedent is very specific to Common Law system.
In fact, this system is really built on the case law.
A precedent, at literal meaning, is a Court decision that is cited as exemple or analogy to resolve similar questions of law in later cases.
Concretely, it means that the legal rules applied to a first case, with facts similar to that one before the Court, should be applied to resolve the case.
So the judges follow the decision of an earlier judge if the facts of both cases were the same or very similar.
Over time, these precedents are recognized, affirmed, and enforced by the following decisions of Court.
This procedure was born at eleventh century .
The Royal judges travelled to various parts of England where they resolved local disputes.
When they returned in London, their decisions, count as resolved, were written down, allowing them to be read by the others judges
April 2016
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