Binding Authority

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Binding Authority

A precedent decided by a higher court. Lower courts are required to follow binding authority when deciding similar cases. For example, precedents decided by the U.S. Supreme Court are binding authority on all American courts.
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The ethics complaint clearly cites an erroneous basis or legal precedent.
Binalikan ko 'yung sina-cite n'yang precedent Osmea versus Pendatun, tama 'yung Supreme Court ruling dun.
Some of his allies contended that a principled originalist should not be afraid to depart from even well-settled precedent.
But for an originalist, the decision whether to follow erroneous precedent can be more than a matter of weighing the costs and benefits of change.
This Article will document and offer some explanations for the decline of what we call the common law style of judging, a way of approaching precedent and decisionmaking that once was fundamental to the American legal system.
The common law style of judging is an approach that gives pride of place to precedent, but in a specific way: Occasionally, an individual precedent has the capacity to determine the outcome of numerous cases.
Femern A/S has now signed the Contract, including the terms relevant to the Condition Precedent, with the Preferred Bidder.
The political composition of a panel consistently influences which binding precedent is cited in the written opinion.
The account that emerges is one in which the scope of precedent is inextricably linked to interpretive theory and constitutional understandings.
His strong healthcare industry experience as both a chief financial officer and a global business unit president make him well suited to lead us during this growth phase," said Glen Marconcini, chairman of Precedent Health Group.
Finally, we make dual theoretical and empirical contributions in presenting the novel construct of relative social capital, and in doing so underscore the importance for future research to account for a venture's comparative strategic positioning relative to precedent industry norms.
Copy-paste precedent" ends up having the influence of precedent without real precedent's authority or scrutiny.