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precedential cases

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Old Jul 21st, 2008, 04:01 PM     #1
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Default precedential cases

Why (and how) does a court determine a case to be precedential?
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Old Jul 23rd, 2008, 01:25 PM     #2
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Default Re: precedential cases

If the facts are similar and you are in a common law juridiction then the past case can be used as a tool to decide how to handle the current case.
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Old Jul 23rd, 2008, 01:27 PM     #3
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Default Re: precedential cases

precedent - a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
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Old Jul 25th, 2008, 03:41 PM     #4
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Default Re: precedential cases

Sorry, but I was unclear.

I was wondering what a court considers in deciding whether to make its present case precedential or not. That is, if I'm deciding case XYZ, what would I consider before I made it precedential?

Just curious.
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Old Jul 25th, 2008, 03:45 PM     #5
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Default Re: precedential cases

I guess it's the appellate courts that can determine whether its cases are precedential or not. Can the lower trial courts do that?
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Old Jul 26th, 2008, 08:41 AM     #6
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Default Re: precedential cases

Quote:
Originally Posted by Unregistered View Post

Sorry, but I was unclear.

I was wondering what a court considers in deciding whether to make its present case precedential or not. That is, if I'm deciding case XYZ, what would I consider before I made it precedential?

Just curious.


Every case can serve as precedent for others if the facts are similar. The judge does not select which ones.
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Old Jul 28th, 2008, 10:17 AM     #7
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Default Re: precedential cases

But the CAFC lists various decided cases as precedential or non-precedential.
<http://www.cafc.uscourts.gov/dailylog.html>

If you open a non-precedential case on that page,
eg "2008/7/24 07-1445.pdf PTO In Re Stauffer N"

at the top of the decision, there is this: "Note: This disposition is nonprecedential."

I tried another cct by googling "7th cct appeal precedential." The first item returned (from 3rc cct was marked "Precedential" at the top. That case is: No. 03-4714 TSAI-YI YANG Appellant v. FU-CHIANG TSUI.
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