1. The rule that precedents not only have persuasive authority but also must be followed when similar circumstances arise. • This rule developed in the 19th century and prevails today. See STARE DECISIS. [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition§ 187.]
2. A rule that precedents are reported, may be cited, and will probably be followed by courts. • This is the rule that prevailed in England until the 19th century.