What are the arguments for a more principled approach to precedent, as opposed to a strict rule-based approach?

Aug 17, 2020 ... A license is a personal right to use the property of another, that applies only to that person, and that can be cancelled at any time by giving notice of ... Nov 26, 2024 ... The term “precedent” was derived from the doctrine of “stare decisis” with a literal meaning of “standing by what is decided. Binding precedent is a legal rule or principle, articulated by an appellate court , that must be followed by lower courts within its jurisdiction . Essentially, ... Feb 4, 2017 ... The jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. ... precedent without a formal stare decisis rule. In theory the AB has a rule against binding precedent. Based on empirical evidence, however, this Article ... Oct 16, 2023 ... The US Supreme Court is an exception in that its precedent is binding on all US courts, both state and federal. Determining when a court is ... Mar 15, 2023 ... Binding precedent – Precedent that a court must abide by in its adjudication of a case. Persuasive precedent – Precedent that a court may ... Jan 12, 2021 ... ... binding rules; the facts in a particular case may be so atypical as to counsel against creating binding precedent for all later cases; or ... Aug 4, 2024 ... Citing various legal instruments and cases, the paper highlights the lack of statutory support for binding precedents in arbitration. Feb 29, 2024 ... ... precedent of previous decisions. However, a court does not have to stand by a decision that is not binding precedent. Generally courts will ...