How can judges exercise discretion within the constraints of binding precedent?

The beginning of wisdom may be to recognize the variety of problems that arise in common law systems concerning application of precedents. 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 ... Published Opinions are binding precedent. Unpublished Opinions are not binding precedent. Click to view FRAP 36 and accompanying Eleventh Circuit Rules. The decisions of the predecessor boards continue as binding precedent at the CBCA. Fourteen administrative judges appointed by the Administrator of General ... Oct 28, 2018 ... Binding precedents coming only from higher courts are meant to save the judge from the burden of looking into every past decision and deciding ... (impermissibly) treated as binding “precedent.” Page 15. 7. 5. The Appellate Body wrongly claims that its reports are entitled to be treated as binding. 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 ... Feb 27, 2024 ... Decisions of higher courts become a binding precedent for lower courts within their geographic region. Lower courts must follow binding ... Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to ... The reports of panels and the Appellate Body are not binding precedents for other disputes between the same parties on other matters or different parties on ...