What is the definition of binding precedent?

Binding precedent refers to a legal principle established by a higher court's decision that must be followed by lower courts within the same judicial hierarchy. This concept is a fundamental aspect of case law and the doctrine of stare decisis, which promotes consistency and predictability in legal rulings. When a higher court makes a ruling, that decision serves as a binding authority for lower courts when they encounter similar circumstances or legal questions in future cases.

This principle ensures that similar cases are treated alike, both reinforcing the rule of law and respecting the hierarchy of the judicial system. It allows lower courts to rely on established legal precedents rather than having to interpret the law anew each time.

The other options do not correctly capture the essence of binding precedent: A decision of a lower court does not have authority over higher courts; a decision that can be ignored contradicts the principle of binding precedents altogether; and recommendations made by legal scholars, while potentially influential, do not have the force of law and do not establish binding precedents.