New answers tagged precedent
-3
votes
How long do courts have to follow precedents?
1791: sort of...
Precedent does not expire, but Binding Authority can only go back as far as the founding of the US Federal Court system.
Stare decisis (to stand by things decided), is the policy of ...
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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 ...
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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, ...
- 44k
0
votes
Can a trial court create precedent?
new-zealand
Can a trial court create precedent?
By all means.
Certain cases get tried in the High Court, which is not the lowest one in the hierarchy:
Certain criminal cases may or must be tried in ...
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