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Legal certainty and the orderly development of legal principles are promoted by the application of the doctrine of stare decisis, also known as the doctrine of binding precedent. According to this doctrine, the decisions of higher courts are binding on lower courts. Thus, judgments of the Court of Appeal are binding on the High Court, and ...
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
overturning prior precedent based on its negative effects or flaws in its reasoning; distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisis; establishing a test or a measurable standard that can be applied by courts in future decisions.
The "law of the case" doctrine precludes reconsideration of a previously decided issue unless one of three "exceptional circumstances" exists: (1) when substantially different evidence is raised at a subsequent trial, (2) when a subsequent contrary view of the law is decided by the controlling authority, or (3) when a decision is clearly ...
If not all of the nine justices vote on a case, or the Court has a vacancy, then a tied vote is possible. If this occurs, then the decision of the court below is affirmed, but the case is not considered to be binding precedent. The effect is a return to the status quo ante.
National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), was a United States Supreme Court case in which the court held that decisions by the Federal Communications Commission (FCC) on how to regulate Internet service providers are eligible for Chevron deference, in which the judiciary defers to an administrative agency's expertise under its governing ...
The clerk then swears to the authenticity of the judge's signature, incumbency, and authority. The certificate page with the triple authentication is called the exemplification. A copy of this type is normally required by other states and countries when copies are being submitted for filing in their local court.
Davis v. United States, 564 U.S. 229 (2011), was a case in which the Supreme Court of the United States "[held] that searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule". [1]