20
votes
Can a previously binding precedent be overturned based on its rationale being outdated?
An "outdated rationale" is one factor to be considered when overruling precedent.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 ...
- 57.2k
14
votes
In the United States, must state courts follow rulings by federal courts of appeals?
Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.1 State courts are ...
- 43.5k
13
votes
Accepted
How was the court in Abingdon RDC v O'Gorman (1968 EWCA Civ) aware of Thornton v Cruther & ors (1769)?
The Law Reports at Abingdon Rural District Council v. O'Gorman [1968] 2 QB 811, 820 read as follows:
[T]he judges held that in order to "impound or otherwise secure" the distress on the ...
- 8,631
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 ...
- 43.5k
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Can a previously binding precedent be overturned based on its rationale being outdated?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 ...
- 43.5k
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 ...
- 195k
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 ...
- 14.8k
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 ...
- 43.5k
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 ...
- 195k
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 "...
- 8,631
3
votes
what courts are bound by the decisions of the privy council?
The JCPC's appellate jurisdiction
The courts/jurisdictions from which the Judicial Committee of the Privy Council (JCPC) hears appeals is listed here. I will just list a few:
The High Court of ...
- 43.5k
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 ...
- 43.5k
2
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 ...
- 195k
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 &...
- 210k
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 ...
- 198k
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, ...
- 43.5k
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 ...
- 2,510
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 ...
- 198k
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 ...
- 5,549
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 ...
- 210k
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 ...
- 210k
1
vote
Accepted
Is a precedent of the Upper Tribunal binding on a county court?
Yes
The Upper Tribunal is a superior court of record, giving it equivalent status to the High Court and meaning that it can both set precedents and can enforce its decisions (and those of the First-...
- 198k
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 ...
- 171
Only top scored, non community-wiki answers of a minimum length are eligible