What is binding precedent?

The Board resolves some appeals by issuing dispositive orders. These orders are final for the Department, but they do not serve as binding precedent in other ... Binding precedent is a legal rule made by a higher court that lower courts must follow. When a higher court decides a case, it writes down its decision in a ... 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 ... 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 ... Jul 3, 2007 ... Whether the ruling of the Western Section Court of Appeals in Wells v. Wharton, 2005 WL. 3309651 (Tenn. Ct. App. 2005), sets a binding precedent ... of judges in the common law. 20 Michele Taruffo & Massimo La Torre, Precedent in Italy, in INTERPRETING. PRECEDENTS: A COMPARATIVE STUDY 131 (D ... Jun 16, 2021 ... This article explores the difference between Jersey and Guernsey law on whether there is a doctrine of binding precedent in respect of decisions of higher ... In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law ... 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 ... 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 ...