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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
  • 61.2k
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
  • 224k
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
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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
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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
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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

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