Can binding precedent lead to rigidity in the law?

Mar 26, 2016 ... A binding precedent is a ruling that must be followed because of the authority of the issuing court over the following court. The rules require that in certain circumstances a decision be followed whether the second court approves of the precedent or not. Thus in Re Schweppes Ltd's ... Aug 9, 2022 ... Hence, the defining principle of common law is precedents, which is the requirement that judges must follow binding legal decisions of prior ... Apr 20, 2023 ... First, it is argued that judges of higher courts engage in important creative activity when they interpret the law, so that we can speak of ... Mar 3, 2009 ... We know of no precedent for the proposition that when a plaintiff has sued to challenge the lawfulness of certain action or threatened ... Sep 5, 2012 ... Decisions of the Appellate Term are not binding on the Supreme Court, even if issued within the same judicial department. Feb 13, 2022 ... The published opinions of the Court are binding precedent until overruled by the Supreme Court, and the Supreme Court has recognized that ... Nov 26, 2024 ... U.S. Supreme Court decisions are binding precedent on all other federal courts and all state courts on questions of constitutional ... Binding precedent refers to a legal principle or rule established in a previous court case that must be followed by lower courts in future cases with similar ... binding precedent, perhaps because the Court has discretion- ary review, meaning that it can manage its caseload and its members will want each of their ...