What is the role of analogy and legal reasoning by analogy in the absence of direct precedent?

Feb 15, 2018 ... Binding precedent refers to case law that courts have to follow. For example, the decisions of the Supreme Court of the United States are ... 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 ... 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 ... Apr 30, 2020 ... Courts are bound by the past decisions of courts of the same level. So for example the Court of Appeal is bound to follow earlier decisions of ... Sep 5, 2012 ... Decisions of the Appellate Term are not binding on the Supreme Court, even if issued within the same judicial department. 1 The Eleventh Circuit has adopted as binding precedent all Fifth Circuit decisions issued before October 1, 1981, as well as all decisions issued after ... Mar 26, 2016 ... A binding precedent is a ruling that must be followed because of the authority of the issuing court over the following court. 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 ... 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 However, a court does not have to stand by a decision that is not binding precedent.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 ... 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 ...