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Related to precedential: Precedential law
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These two forms of precedential obligation usually support and
The agency has created a process by which PTAB opinions are precedential and binding, and the process entails the explicit agreement of the agency head.
36) The BIA's foundation for its decision rested on the precedential decision in Rodriguez-Rodriguez, which the Fourth Circuit acknowledged as potentially deserving of Chevron deference.
This increase in citability continues, and increasingly, states are according all decisions precedential value or no longer issuing opinions designated as either "unpublished" or "non-precedential.
22) The Court of Review probably has the same discretion as federal courts of appeals to designate opinions as precedential and non-precedential; at least, no statutory provision declares otherwise.
However, the IRS also explained that it did not appeal the Tax Court's ruling because, due to the unique facts of the case, it has limited precedential effect.
It is impossible to provide a complete account of precedential scope without adopting, either overtly or implicitly, a specific vision of the function of precedent and the nature of the judicial role.
This Article tackles a different question: Namely, should the Court's statements of fact ever receive separate precedential force, distinct from the precedential force of whatever legal conclusions they contributed to originally?
The ROE already keeps records of all decisions that are publicly available on its website, including opinions with precedential value.
16) A later judge does not write on a blank slate, but must harmonize her decisions with the work of those who previously held either the same office or a superior office in the judicial hierarchy,iv From this feature of precedential reasoning flows the familiar list of values served by stare decisis, such as promoting the rule of law and protecting reliance.
1) Many Florida lawyers, however, might be surprised to learn that when it comes to the opinions of Florida's district courts of appeal, a court's physical jurisdictional boundaries may be irrelevant to an opinion's precedential weight.
precedential case as far as property litigation is concerned in the United Arab Emirates (UAE).