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To: captain_dave

Ok, the way it is described is thus: the high court IS bound by precedent, but precedent can be overruled if found to be in error.

It is technically not correct to say the court is not bound by precedent because they themselves say that they are, BUT to the extent that they can change and overrule precedent as a practical matter they are not bound by it. But stability of the law demands that lower courts follow the law as it is stated by the high court. If the court were to say that they dont respect precedent then every lower court would just take whatever action they want claiming that the high court never set a precedent on what action to take.

So, while every court is obligated to follow precedent it obviously can be changed although the courts do so as rarely as,possible as to not disturb
The orderly process of handling cases.


25 posted on 06/28/2018 4:07:00 PM PDT by Okeydoker
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To: Okeydoker

Roger that


27 posted on 06/28/2018 4:40:39 PM PDT by captain_dave
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