The Impact of Legal Precedents on Society
If you consider the term’ lawsuit,’ you may picture someone filing a legal case claiming thousands of dollars. While this is the basis of many personal injury claims, what you may not know is that some plaintiffs may not be concerned about the money at all.
Sometimes, a plaintiff simply wants a defendant to be held responsible for their negligent actions, so they file a nominal damages case. With a nominal damages lawsuit, a plaintiff may be able to recover punitive damages. Most importantly, their lawsuit may lead to a new legal precedent.
For many plaintiffs, a new legal precedent may mean more than a win. A plaintiff who files a nominal damages case typically has not suffered a large financial loss. However, the judge’s or jury’s ruling means the defendant may never repeat their actions.
What is a Legal Precedent?
Legal precedents are an important part of the foundation of the U.S. legal system. Judges rely on these precedents, which are set by past court decisions, to guide their rulings on new cases.
Established precedents are accepted laws and rules continuously tested every time they are enforced. They are also the cornerstone of many common law systems.
Whenever a judge needs to decide a particular case, they often look at similar previous cases and their outcomes. They find similarities between the cases and use the past ruling to guide the new ruling. This keeps the legal system fair and consistent.
The Latin term ‘Stare Decisis’ applies to the concept of precedents. Stare decisis demands respect for the decisions made by judges in prior cases.
It is also applied in different ways and is not without limits. For instance, vertical stare decisis means higher court decisions outweigh lower court decisions. Horizontal stare decisis means prior decisions made by a specific court (federal) provide a standard or precedent for other federal courts when hearing similar cases.
How Precedents Impact Society
Precedents do not only affect the outcome of individual lawsuits. Depending on how they are implemented, they can have long-term consequences for society.
For example, precedents can help define citizen responsibilities and rights. Landmark cases on civil rights continue to shape society’s understanding of justice and equality.
Also, a court can be instrumental in leading social change. Courts are often front and center when it comes to setting precedents regarding social matters, including things like same-sex marriage and abortion.
Legal precedents also influence the political landscape. Cases involving campaign finances and election law directly impact how political leaders operate.
Moreover, legal precedents have the power to shape cultural norms. Court decisions related to family law, including divorce and child custody, can influence society’s perception and attitude toward marriage and family.
Real-Life Examples of the Impact of Legal Precedents
There are several examples of legal precedents in action. One of the most important precedents was established during the Brown v. Board of Education case of 1954. This case saw the ‘separate but equal’ doctrine partially overturned (established in Plessy v. Ferguson).
The new ruling declared that racial segregation in public schools is unconstitutional. The impact of the new precedent was incredibly profound. It paved the way for desegregation throughout the U.S., advancing civil rights and uniting communities.
Roe v. Wade is another infamous precedent that was established in 1973. In an unexpected move, the case legalized abortion by stating that a person would have the right to choose an abortion up until a fetus became viable.
Intense debates were sparked by this ruling. Similarly, heated debates flared up when Roe v. Wade was overturned in 2022. The overturning of the previous precedent essentially meant the end of the constitutional right to abortion.
These examples show that setting new precedents does not always have the same effect on society. Sometimes, a new precedent is welcomed, and at other times, it has the potential to cause riots.
Challenges of Establishing New Legal Precedents
Laying down a new precedent, for whatever reason, is never as easy as it may seem. There is often the aforementioned backlash from society, plus the stare decisis doctrine is meant to encourage adherence to previous decisions.
Furthermore, a court must consider the potential implications of new rulings on the legal landscape. Without enough consideration, a precedent decision may cause disarray.
The Building Blocks of Justice
Legal precedents are generally meant to be the building blocks of justice for society. They create law and order, so to speak, and provide stability. As seen in the examples mentioned above, it is not always easy to overturn a prior court decision, but new precedents are essential in addressing emerging issues. They also ensure that the law continues to remain relevant.
