Are courts required to consider whether following a precedent would lead to a disproportionate outcome in the specific case before them?

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The beginning of wisdom may be to recognize the variety of problems that arise in common law systems concerning application of precedents. Feb 1, 2023 ... ... binding precedent for lower courts. Whether language in an appellate opinion was central to the decision or only an afterthought, zealous ... Michigan Supreme Court orders “that include a decision with an understandable rationale establish binding precedent.” People v Giovannini, 271 Mich App 409 ... decisions that would otherwise be binding precedent when those deci- sions are "clearly irreconcilable with the reasoning or theory of inter- vening higher ... Furthermore, and again with the sole exception of the United States, no member of the WTO questions that the binding dispute settlement system with the ... What is Binding. Precedent? How, when, where, and why courts are obligated to follow decisions by other courts. Page 2. What is Stare Decisis? Stare Decisis is ... A precedent is 'binding' on a court if the precedent was made by a superior court that is higher in the hierarchy of courts. A binding precedent must be ... Binding precedent is a legal rule made by a higher court that lower courts must follow. When a higher court decides a case, it writes down its decision in a ... Talal Al-Azem argues for the existence of a madhhab-law tradition' of jurisprudence underpinning the four post-classical Sunni schools of law. These decisions do not bind the court to a particular interpretation of the law, nor do they make law. In fact, in some jurisdictions employing a version of.
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