How does legal theory explain the binding force of precedent?

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Nov 27, 2023 ... Case precedents that courts are bound to follow in subsequent cases are referred to as mandatory or binding authority. The decisions of the predecessor boards continue as binding precedent at the CBCA. Fourteen administrative judges appointed by the Administrator of General ... They include: 1) Providing clear guidance that Appellate Body reports do not constitute binding precedent, but may, as with panel reports, be cited for ... Sep 20, 2024 ... The opinion of an appellate court is binding precedent (mandatory authority) for all lower courts in its jurisdiction. For example, a South ... Aug 13, 2020 ... was not a binding precedent at all.6 The three dissenting Justices were aghast at Justice Gorsuch's suggestion that a plurality decision ... Talal Al-Azem argues for the existence of a madhhab-law tradition' of jurisprudence underpinning the four post-classical Sunni schools of law. 1973). Page 22. 808. NEVADA LAW JOURNAL. [Vol. 12:787 binding precedent at the district court level, but at the same time, they do not forbid its creation.150. 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 ... 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 ... precedent, the decision will be either binding on the later decision, or only persuasive. A binding precedent must be followed by the later case; a ...
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