What are the arguments for and against a more flexible approach to precedent?

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 ... May 1, 2024 ... A Common Law for the Age of Amici: How the Party-Presentation Principle Can Help Identify Binding Precedent. David S. Coale. Partner, Lynn ... The legal principle of precedent requires that a prior decision be treated as binding even if the current decision maker disagrees with that decision. Binding precedent. adjective. Following the decisions made by higher courts. Lower courts must follow the precedents set by the decisions of higher courts and ... Apr 25, 2023 ... Normally, decisions of a District Court of Appeal are not binding on lower courts outside of its jurisdiction, but there is a notable exception ... Aug 12, 2019 ... A precedent, in the English Law System, is a previous court decision which another court is bound to follow, by deciding a subsequent case in the same way. 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 ... 4 days ago ... If a case has been decided on a certain legal principle previously, that becomes the binding precedent which a later court has to follow. From ... 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 ... 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 ...