When there is no existing precedent directly on point, how do courts develop new legal principles?

(impermissibly) treated as binding “precedent.” Page 15. 7. 5. The Appellate Body wrongly claims that its reports are entitled to be treated as binding. Aug 26, 2024 ... Special prosecutor Jack Smith on Monday accused US District Judge Aileen Cannon of overlooking “binding Supreme Court precedent” when she decided to dismiss ... The rules require that in certain circumstances a decision be followed whether the second court approves of the precedent or not. Thus in Re Schweppes Ltd's ... Nov 26, 2024 ... The term “precedent” was derived from the doctrine of “stare decisis” with a literal meaning of “standing by what is decided. could an arbitral award that does not follow a precedent considered binding by Brazilian civil procedural law be annulled in state courts? if the arbitral ... Nov 26, 2024 ... U.S. Supreme Court decisions are binding precedent on all other federal courts and all state courts on questions of constitutional ... The judgment of the Full Bench is binding precedent as it expresses the collective opinion of the Court as such Sep 5, 2012 ... Decisions of the Appellate Term are not binding on the Supreme Court, even if issued within the same judicial department. The modern doctrine of the binding force of judicial precedent only ... As well as the binding precedent discussed above, there is also persuasive ... 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 ...