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20 votes
Accepted

Can a previously binding precedent be overturned based on its rationale being outdated?

An "outdated rationale" is one factor to be considered when overruling precedent. Yes. Precedent relies on respect for the principle of stare decisis, the idea that courts should stand by ...
bdb484's user avatar
  • 60.3k
6 votes

Are non-recorded court decisions still binding?

In the U.K., there is a practice direction (see para. 10): Where a judgment has not been reported, reference may be made to the official transcript if that is available, not the handed-down text of ...
Jen's user avatar
  • 57.3k
5 votes

Can a previously binding precedent be overturned based on its rationale being outdated?

canada Vertical stare decisis Trial courts are generally bound by existing precedent from higher in the appellate hierarchy. This is the principle of vertical stare decisis. However, a trial judge ...
Jen's user avatar
  • 57.3k
4 votes

How long do courts have to follow precedents?

How long do courts have to follow precedents? Forever, until expressly or implicitly overruled by a higher court. I would disagree with DaleM about the 8th Circuit case referenced being a question of ...
ohwilleke's user avatar
  • 218k
3 votes

Is this is an appropriate way of distinguishing cases?

Distinguishing a case which was decided by a higher court does not violate the doctrine of stare decisis. If the case can be distinguished, then it is not a controlling precedent. The term "...
sjy's user avatar
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3 votes
Accepted

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

The actual order / outcome is only binding on the parties. It does not generally affect what other parties might argue or what judges might decide in different disputes.1 Precedent takes its force ...
Jen's user avatar
  • 57.3k
3 votes

Binding precedents in Quebec and Louisiana?

canada Provinces and provincial courts play a significant role in the administration of criminal law In Canada, criminal law is federal only in the sense that it is the federal Parliament that has the ...
Jen's user avatar
  • 57.3k
3 votes

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents? No. Or are future legal precedents only set when you go to a bench trial or a jury trial? No. ...
ohwilleke's user avatar
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3 votes
Accepted

Are high court rulings precedential?

Precedent within the High Court See Willers v Joyce (No 2) [2016] UKSC 44, para. 9, which explains the default rule: So far as the High Court is concerned, puisne judges are not technically bound by ...
Jen's user avatar
  • 57.3k
3 votes

Can courts be expected to proactively research and have regard to relevant case precedents?

united-states Can courts be expected to proactively research and have regard to relevant case precedents? Courts in the U.S. are allowed to proactively research the law, including the case law, in ...
ohwilleke's user avatar
  • 218k
3 votes

Can a trial court create precedent?

united-states Generally speaking, a trial court ruling does not create a legally binding precedent in the United States. A court's rulings are only binding on courts that appeal their decisions to ...
ohwilleke's user avatar
  • 218k
3 votes

Can a trial court create precedent?

canada Yes, trial courts can set precedent on questions of law. See generally R. v. Sullivan, 2022 SCC 19 and Re Hansard Spruce Mills, [1954] 4 D.L.R. 590 (B.C.S.C.). Trial judges of coordinate ...
Jen's user avatar
  • 57.3k
3 votes
Accepted

When are county court decisions binding upon the “London region” of the county court?

County court decisions don't have binding authority. HM Courts & Tribunals Service defines the regions. For convenience, here are maps of locations of the HMCTS estates for the London region - I ...
Lag's user avatar
  • 17.2k
2 votes

Is there a precedent for the legal definition of "someone"?

The brief does not purport that there is a special legal definition of "someone" which includes animals but not inanimate objects. Instead, the brief argues that the common law concept of &...
user6726's user avatar
  • 215k
2 votes

How long do courts have to follow precedents?

There was no precedent involved It appears that no previous case has challenged the standing of private organisations to bring such a case. Now they have, and a court has decided the question. There ...
Dale M's user avatar
  • 211k
2 votes

How long do courts have to follow precedents?

canada There is no "best before date" on a precedent. That is: the age of a precedent, considered on its own, presents no constraint on when that precedent might be overturned. However, ...
Jen's user avatar
  • 57.3k
1 vote

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

Legal precedent comes mostly from case law. That means appeals. The case could have ended in any way. Case law comes from cases that went to trial and those that ended before. A precedent generally ...
Tak's user avatar
  • 114
1 vote

Why isn’t the county court binding upon itself?

You have misunderstood when precedent is binding Precedent is binding when delivered by a higher court; it is merely persuasive when delivered by a court of the same level or one in a parallel ...
Dale M's user avatar
  • 211k
1 vote
Accepted

Can courts be expected to proactively research and have regard to relevant case precedents?

Legal systems that derive from English law are generally "adversarial", which means that the courts rely on the party that would most benefit from something to be the one to do it. The ...
Acccumulation's user avatar
1 vote

Can courts be expected to proactively research and have regard to relevant case precedents?

The courts are expected to not favor one side over another, they are supposed to treat both sides equally. Therefore they weigh all arguments set before them equally, and do not spontaneously do ...
user6726's user avatar
  • 215k
1 vote
Accepted

When and where are decisions by the various tiers of the county court binding?

Is there such a thing as “circuits” of the court as there apparently are in the USA and as circuit judges are apparently named according to? Just answering this question narrowly. The original idea ...
Steve's user avatar
  • 2,605
1 vote
Accepted

Can precedents established in Native American law be used as a foundation in US law precedent?

The concept of "precedent" depends on a jurisdictional relatedness between a current case and a prior ruling. In the clearest case, a legal rule set down by the US Supreme Court binds courts ...
user6726's user avatar
  • 215k
1 vote

Technical basis for the binding nature of precedent or stare decisis

The US Constitution in Article III discusses "judical power", and "cases in law and equity". This might be a statutary basis for common law norms such as stare decisis. (Common law ...
Naftali Tzvi's user avatar

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