關於 horizontal stare decisis ，我們在網路上蒐集到這些相關的討論、資訊與評價

#11. A PRACTICAL GUIDE TO STARE DECISIS The Honourable ...

The doctrine of stare decisis asks judges to look back to cases that have been ... horizontal convention, in contrast, provides that decisions from the same ...

#12. Precedent and Jurisprudential Disagreement - Columbus ...

stare decisis in constitutional cases in favor of a more stringent rule.1 In this ... Discussions of stare decisis tend to proceed as if horizontal stare.

#13. Precedent - Wikipedia

The idea that a judge is bound by (or at least should respect) decisions of earlier judges of similar or coordinate level is called horizontal stare decisis ...

#14. Horizontal Stare Decisis On The US Court Of Appeals For The ...

Precedent Direction and Compliance: Horizontal. Stare Decisis on the U.S. Court of Appeals for the. Sixth Circuit. Emery G. Lee III1.

#15. MISCELLANEOUS MATTERS: Judicial Review: Stare Decisis

Tovarchavez, 78 M.J. 458 (horizontal stare decisis requires an appellate court to adhere to its own prior decisions, unless it finds compelling reasons to ...

#16. Horizontal Stare Decisis and the Concept of Precedent

system.5 For example, under the doctrine of vertical stare decisis, the Court of Appeals is bound by the decisions of the Supreme Court. In ...

#17. Stare Decisis and Due Process - NDLScholarship

however, when one considers the impact of such judicial review cases from a horizontal perspective. 20031. 1021. Page 13. UNIVERSITY OF COLORADO LAW REVIEW is ...

#18. The Bedford Trilogy and the Shifting Foundations of ... - CanLII

Horizontal stare decisis entered a new phase in 1966 when the House of Lords' Practice Statement refashioned the doctrine by permitting the apex court to ...

#19. Precedent and Jurisprudential Disagreement - Texas Law ...

at 1015 (suggesting that courts of appeals feel the restrictions imposed by horizontal stare decisis more strongly than do district courts or the Supreme Court) ...

#20. (PDF) The Emergence of a Doctrine of de jure horizontal stare ...

It is no secret that 'international law knows no rule of stare decisis'. 1. Despite this axio-. matic recognition, however, the Caribbean Court of Justice (CCJ) ...

#21. Stare Decisis - Overview, How It Works, Purpose, and Example

Stare decisis is said to apply both horizontally and vertically. That is, judicial precedents should govern subsequent decisions both by the same court that ...

#22. Stare Decisis and Constitutional Supremacy: Will Our Charter ...

Next we discuss how Canadian courts have treated these conventions. 1. Horizontal Convention of Stare Decisis. The horizontal convention of stare decisis refers ...

#23. The Emergence of a Doctrine of de jure horizontal stare ...

horizontal stare decisis at the Caribbean. Court of Justice: Fragmentation or. Pluralism of International Law? Jason Haynes.

#24. Stare Decisis - Criminal Law Notebook

R v Sarmales, 2017 ONSC 1869 (CanLII), 139 WCB (2d) 164, per R. Smith J, at para 12 ("stare decisis, ...

#25. The Supreme Court's Overruling of Constitutional Precedent

No Overruling Decision Date of Overruling Decision Date... 1 The Propeller Genesee Chief, 53 U.S. (12 How.) 443 1851 1837... 3 Kilbourn v. Thompson, 103 U.S. 168 1881 1821 4 In re Ayers, 123 U.S. 443 1887 1824

#26. Personal Stare Decisis, HIV Non-Disclosure, and the Decision ...

This article examines the adherence to horizontal precedent by appellate courts and, in particular, how appellate judges that have substantially disagreed with ...

#27. Stare Decisis among and within Florida's District Courts of ...

This Article will explore the stare decisis effect of decisions of the. District Courts of Appeal of Florida: on each other (horizontal), on lower courts ( ...

#28. Because Someone Said So, That's Why | Resources - Robins ...

The doctrine of horizontal stare decisis is not static. Just as courts are placing less emphasis on whether or not an appellate opinion is ...

#29. Precedent Unbound? Contemporary Approaches to ...

sions of higher courts) and the horizontal convention of precedent ... bound by horizontal stare decisis in a manner similar to the English Court of Appeal.

#30. Stare Decisis and Judicial Log-Rolls: A Gains-from-Trade Model

The practice of horizontal stare decisis requires that judges occasionally decide cases. 'incorrectly'. What sustains this practice?

#31. HORIZONTAL AND VERTICAL PRECEDENT - Brill

Only when the precedent's rule is disliked by the applying court does the force of stare decisis have relevance. See Max Radin, Case Law and Stare Decisis:.

#32. The emergence of a doctrine of de jure horizontal stare decisis ...

The emergence of a doctrine of de jure horizontal stare decisis at the Caribbean Court of Justice : fragmentation or pluralism of international law? · Abstract.

#33. Stare Decisis and the Brady Doctrine - Harvard Law & Policy ...

Horizontal stare decisis dictates that a court must adhere to its own decisions, unless it finds compelling reasons to overrule itself. Id. For this reason, ...

#34. Beer, Bedford, and beyond — the Supreme Court of Canada ...

The doctrine that requires courts to follow their own previous decisions is known as “horizontal” precedent, or stare decisis. The doctrine that ...

#35. Stare Decisis and Certiorari Arrive to Brazil - Biblioteca ...

previous decisions (horizontal stare decisis), both for the sake of equality, predictability and legal certainty. In civil law systems,.

#36. Introduction - Legal Research: A Guide to Case Law

A related concept is "horizontal" stare decisis, whereby a court applies its own prior decisions to similar facts before it in the future.

#37. STRONGER STARE DECISIS I. Introduction - HeinOnline

known as horizontal stare decisis, requires courts to adhere to prior decisions from co-equal or coordinate courts.2 3 This form of stare.

#38. Stare decisis | The IT Law Wiki

When a court binds itself, this application of the doctrine of precedent is sometimes called "horizontal stare decisis.

#39. A (Somewhat) New Look at Stare Decisis

B. The Supreme Court and Stare Decisis: If We Could. Only Take Them Seriously! ... Finally, I focus this Article on horizontal stare decisis (the following.

#40. 13-What-Every-Lawyer-Should-Know-About-Stare-Decisis,-LA ...

In contrast, there is no horizontal stare decisis between appellate panels of the California Court of Appeal. Marriage of Shaban, 88 Cal. App. 4th 398, 409 ( ...

#41. Defining Dicta - jstor

A. Modeling Stare Decisis and the Holding-Dicta Distinction. 1. Modeling horizontal stare decisis. 2. Modeling vertical stare decisis. 3. Modeling.

#42. Building Blocks - Skadden, Arps, Slate, Meagher & Flom LLP

horizontal stare decisis.28. Regarding bankruptcy courts, the law is muddled. While. BAP decisions clearly do not bind district courts, cases run.

#43. Precedent in the Federal Courts of Appeals - Journals at the ...

Horizontal stare decisis does not apply between circuits, and never has. Indeed the Supreme Court appears to encourage circuit splits by the parsimonious ...

#44. PRECEDENT IN ARGENTINE LAW - Repositorio Institucional ...

"horizontal stare decisis" describes the obligation of a given court to follow decisions of courts on the same level or hierarchy. In.

#45. Conflicts of Precedent - Virginia Law Review

... to give stare decisis effect to past decisions of the circuit, ... the potential argument that horizontal stare decisis in the court of ...

#46. Stare Decisis, The Charter and the Rule of Law in the ...

Stare Decisis, The Charter and the Rule of Law in the Supreme Court of ... Part II: Horizontal Stare Decisis and the Charter in the Supreme ...

#47. WHICH COURT IS BINDING? - Georgetown Law

Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to ...

#48. What is Binding Precedent?

San Diego is in the 4th district. Page 12. Horizontal Stare Decisis. The lowest level of state court (superior court) ...

#49. A European convergence towards a stare decisis model?

When examining the horizontal effects, the ECJ approach to stare decisis is more relaxed. The ECJ regularly refers to its 'settled' case law, ...

#50. 26 - Supreme Court of the United States

precedents — so-called “horizontal stare decisis” — is also essential to the rule of law. In this case, Respond- ent cannot carry the “heavy ...

#51. Vertical Stare Decisis - Oxford Handbooks Online

This chapter critically assesses the current state of the literature on vertical stare decisis. It begins with a consideration of how stare decisis does, ...

#52. STATE OF MINNESOTA IN COURT OF APPEALS A21-0201 ...

Horizontal stare decisis is the respect that an appellate court owes to its own precedents and the circumstances under.

#53. The State of Stare Decisis in Wisconsin

Horizontal stare decisis concerns precedent over time, requiring courts to adhere to decisions made in similar past cases. This article ...

#54. Jurisprudence Constante, Stare Decisis, and a Third Approach

between the common law doctrine of stare decisis and the civil law doctrine of ... The horizontal stare decisis thus entails that courts of the same.

#55. NOTICE: SLIP OPINION (not the court's final written decision ...

"horizontal stare decisis." Id. at 846-48. We reject this rule. It conflicts with the statutes establishing the powers and duties of the Court of Appeals ...

#56. Stare Decisis Doctrine: Definition & Example Cases - Study.com

The American common law system is based on the doctrines of stare decisis and precedent. Learn about the stare decisis doctrine (through...

#57. US Court System - Advocacy (24 LITG 501): Federal Law ...

Appellate courts follow their own precedence (through the principle of horizontal stare decisis) and lower courts within their jurisdiction ...

#58. Law - City University of Hong Kong

What is binding precedent? The doctrine of binding precedent is often known as the doctrine of stare decisis. When a judicial decision sets a precedent, the ...

#59. Appellate Review and Stare Decisis

practice as little more than ad hoc law- lessness. Stare Decisis—The Horizontal. Segmentation. Similar observations can be made of stare decisis.

#60. decisis - Translation into Russian - examples English

The idea that a judge is bound by (or at least should respect) decisions of earlier judges of similar or coordinate level is called horizontal stare decisis ...

#61. Judicial Comity - IsThatLegal

Pfizer Canada Inc., 2014 FCA 250, [2014] F.C.J. No. 1090 (QL), this Court wrote: In contrast, the doctrine of comity or horizontal stare decisis is not binding.

#62. George Mason University SCHOOL of LAW

(1993) (“Although horizontal stare decisis creates a strong presumption that prior judicial articulations of the law are correct and.

#63. Stare Decisis in the Inferior Courts of the United States

previously adopted in an earlier case (horizontal stare decisis). Alternatively, courts also apply decisions of higher courts with ...

#64. G.R. No. 166562 - Lawphil

The first, known as vertical stare decisis deals with the duty of lower courts to apply the decisions of the higher courts to cases involving ...

#65. Supreme Court of Canada (Cour suprême du Canada)

This entry reviews the Court's history; its understanding of horizontal and vertical stare decisis with respect to its own precedent; the Court's ...

#66. INTRODUCTION (Chapter 1) - Stare Indecisis - Cambridge ...

In Gulliver's Travels, Jonathan Swift satirized stare decisis in the ... Horizontal stare decisis concerns the duty of a court to conform to its own ...

#67. The Supreme Court's Overruling of Constitutional Precedent

Thus, this report discusses only horizontal stare decisis. The Supreme Court applies the doctrine of stare decisis by following the rules of its ...

#68. Report of the Appellate Process Task Force - California Courts

Stare decisis also has a “horizontal” component dealing with the question of whether courts of equal jurisdiction are bound to respect and follow each other's.

#69. What is Stare Decisis? - Robinhood Learn

Stare decisis can work both horizontally and vertically, meaning courts make decisions that are either consistent with their own precedents ...

#70. English Law and Doctrine Called Binding Precedent

It also has a horizontal effect i.e. some courts are not only bound by the decisions ... The concept of stare decisis will, it is submitted, ...

#71. The Supreme Court and constitutional stare decisis - UNH ...

And all of these courts must follow the decisions of the United. States Supreme Court on is sues of federal law. Horizontal stare decisis, in.

#72. Precedent as Permission - UVA Law

The permission model challenges longstanding views of stare decisis, particularly horizontal stare decisis in the U.S. Supreme Court.

#73. Redalyc.A European convergence towards a stare decisis ...

Keywords: Stare decisis, precedent, European Union law, Administrative ... When examining the horizontal effects, the ECJ approach to stare decisis is.

#74. Stare Decisis and Fractured Majorities - Marquette University ...

This makes sense as a matter of horizontal stare decisis. Later-in-time justices are not absolutely bound by even the majority opinions of ...

#75. Ensuring Uniform Case Law in Slovenia - CEJSH

between the common law doctrine of stare decisis and the civil law doctrine of ... ly similar cases at the same level of courts (the so-called horizontal ...

#76. The doctrine of judicial precedent with special reference to the ...

Stare decisis may also be applied 'horizontally' such that precedent set in one court is binding upon all other courts of similar ranking.

#77. HOW TO USE D DISABUSE PRECEDENT - Sixth District ...

HORIZONTAL STARE DECISIS : USING PRECEDENT IN YOUR FAVOR. If you are citing a favorable court of appeal decision, your court, even if it is in the same.

#78. The Power of Congress over the Rules of Precedent - Duke ...

Horizontal stare decisis refers to the rule that a court must follow its own precedents. 26. The jury trial provisions of Article III and the Sixth Amendment ...

#79. STARE DECISIS IN CALIFORNIA STATE COURTS - Sara B ...

There Is No Horizontal Stare Decisis Within The. Court of Appeal. A published decision of the Court of Appeal is not binding precedent on a different panel ...

#80. Horizontal Stare Decisis, 0420 COBJ, Vol. 49, No. 4 Pg. 32

A recent Colorado Supreme Court opinion suggests that the Court is undergoing a substantial shift in its horizontal stare decisis jurisprudence.

#81. The Methodology of Using Precedents - Repository@Hull

not the case, for the horizontal form of stare decisis, that is, the convention of higher courts, such as the Supreme Court of the United Kingdom and.

#82. 342.078 - Stare Decisis, The Charter and the Rule of Law in ...

Part II: Horizontal Stare Decisis and the Charter in the Supreme Court of Canada Part III: Vertical Stare Decisis and the Canadian Judicial Hierarchy

#83. Polyphonic Stare Decisis: Listening to non-Article III Actors

think that Congress has the power to abrogate horizontal stare decisis at the Supreme Court level concede that its ability to free lower courts.

#84. citability and the nature of precedent in the courts of appeals

observance of a fairly rigid rule of horizontal stare decisis, in which, once a question of law was decided, subsequent members of the same court would be.

#85. Declarations of Invalidity in Superior Courts - Publishing at the ...

This phenomenon can be broadly described as “horizontal stare decisis.” 4 But the Supreme Court has only explored horizontal stare decisis in ...

#86. Where do you live? Appeal to the Illinois "Home" Appellate ...

The Illinois Supreme Court created further confusion about both the horizontal and vertical stare decisis effect of the appellate court decisions in People v.

#87. Precedent in Law

horizontal stare decisis ? It would appear that if a court declares that stare decisis is a rule of law, then subsequently that court is explicitly.

#88. IN RE: the Matter of JJ - FindLaw Caselaw

Indiana does not, however, recognize horizontal stare decisis. Thus, each panel of this Court has coequal authority on an issue and considers any previous ...

#89. 7th Circuit Nominee Downplays Concerns Over His Views on ...

Referred to as horizontal stare decisis, Brennan said the ability for courts to reconsider their own decisions has been key to overturning ...

#90. Stare Decisis Is for Pirates - University of Oklahoma College of ...

courts under vertical stare decisis, whereas decisions outside of a court's hierarchy are viewed as merely persuasive under horizontal stare decisis.21.

#91. NATURALEZA Y DIMENSIONES DEL "STARE DECISIS"

NATURALEZA Y DIMENSIONES DEL "STARE DECISIS ". ... stare decisis) or by judges of the same jurisdiction, including themselves (horizontal stare decisis).

#92. ORIGINALISM, STARE DECISIS AND THE PROMOTION OF ...

stare decisis, as if they were rival modes of interpretation that ... our system of constitutional law, horizontal stare decisis is weak.

#93. Stare Decisis - Atlas of Public Management

The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent.

#94. Understanding Precedent & Applying Case Law - National ...

C. Horizontality of Stare Decisis. Horizontal stare decisis is the idea that a judge is bound by decisions of earlier judges at the same, similar or ...

#95. Empirical SCOTUS: The strength of precedent is in the justices ...

Potential Supreme Court nominee Judge Amy Coney Barrett described aspects of horizontal stare decisis in a 2003 article for Notre Dame Law ...

#96. The balance between certainty and flexibility in horizontal and ...

The balance between certainty and flexibility in horizontal and vertical stare decisis: Bosch v Commissioner for the South African.

#97. Stare Decisis as a Constitutional Requirement - The Research ...

Is the rule of stare decisis a constitutional requirement, ... ship of the courts and is therefore fundamentally different from horizontal stare decisis.

#98. The Routledge Companion to Eighteenth Century Philosophy

To be contrasted with this sense of vertical precedent is horizontal precedent, con- ventionally referred to as stare decisis (typically translated as ...