“The Use of Precedent as Binding Authority” Please respond to the following:
- Analyze the use of precedent as binding authority on lower courts. Discuss whether, in your opinion, such use is an effective way to ensure uniform application of the law to a case. Provide two (2) examples of the related use of precedent to support your rationale.
- From the first e-Activity, examine both concepts of stare decisis and precedents, and distinguish between the two (2) concepts. Discuss whether these doctrines are persuasive authority or binding authority. Provide two (2) examples of the concepts in use to support your rationale.
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Analyze the use of precedent as binding authority on lower courts. Discuss whether, in your opinion, such use is an effective way to ensure uniform application of the law to a case. Provide two (2) examples of the related use of precedent to support your rationale.
The use of precedent as binding authority on lower courts means that the lower courts are bound to follow an applicable holding of a higher court in the same jurisdiction. This is an existing law that lower courts are bound to follow. A lower court may not rule against a binding precedent, even if the lower court feels that the precedent was unjust. They can only hope that the higher court will reform the rule in question. The use of “Stare Decisis“, meaning to stand by things decided, is important to follow so that the applicable rule of law used. However, every case is different and unique and should be treated as so. Personally, I am on the fence about how effective binding authority is. I do agree with looking back at previous cases to see what was decided, but I do not think that we should rule solely by reason of precedent. We should examine all the facts of the case and make a decision based off of what is presented and use precedent to further support our case.
From the first e-Activity, examine both concepts of stare decisis and precedents, and distinguish between the two (2) concepts. Discuss whether these doctrines are persuasive authority or binding authority. Provide two (2) examples of the concepts in use to support your rationale.
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