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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La composante A, quant a elle, n'a connu aucune variation par rapport au mois precedent.
On the specific issue of the definition of the term "sexual act" as it applies to felony child abuse, Judge Richard Dietz said that the controlling precedent is State v.
A (2009) Judicial Process: Precedent in Indian Law.
They should either follow vertical precedent or, if there is no binding precedent, they should independently interpret the law.
In his new book, Settled Versus Right: A Theory of Precedent, Professor Randy Kozel assumes a rare role for law professors; he serves as a helpful collaborator rather than a snarky critic.
A contract employee who said only that he would "not be opposed" to mediation, but didn't actually request it, didn't satisfy a condition precedent for suing.
"The obligation to follow precedent begins with necessity,
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Notwithstanding the Court's interpretive pluralism, justices have consistently embraced the principle of stare decisis, and the presumption that courts will follow applicable precedent is one of the defining features of the American legal system.