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Stare Decisis and Precedent
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Binding Precedent
A binding precedent is a prior court decision that must be followed by a court when deciding a case with similar facts or legal issues. In civil procedure, a binding precedent obligates a lower court to apply the same legal principles used by higher courts within the same jurisdiction.
Persuasive Precedent
Persuasive precedent refers to past decisions that a court may consider but is not obligated to follow. In civil procedure, these can come from other jurisdictions or lower courts and are used by judges as guiding principles, particularly when there is no binding precedent on point.
Stare Decisis
Stare decisis is the legal principle of determining points in litigation according to precedent. In civil procedure, it means that courts will follow the rulings of higher courts in similar cases to ensure consistency and predictability in the law.
Distinguishing a Case
Distinguishing a case is a method used by a court to reach a different legal conclusion than would be required under a binding precedent. In civil procedure, a court may distinguish a case on its facts or legal circumstances to justify a departure from precedent.
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