Binding precedent relies on the legal basic principle of stare decisis. Stare decisis suggests to stand by points decided. It assures certainty and regularity in the appliance of regulation. Existing binding precedent from past cases are applied in principle to new scenarios by analogy.
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The outcome of those research and workshop will help guide the procedure since the PUC decides if it is in the general public’s fascination to permit Lubbock to affix more than ninety p.c of Texans at the moment in ERCOT.
This and the appearance of dependable personal case reporters designed adherence towards the doctrine of stare decisis useful along with the exercise before long evolved of Keeping judges to generally be bound by the decisions of courts of outstanding or equivalent standing in their jurisdiction.
In the coming months, LP&L will engage in all aspects of the case before the PUC with an envisioned conclusion in the primary quarter of 2018. Updates will likely be posted on this page.
Vital to the event of case regulation could be the publication and indexing of decisions for use this hyperlink by attorneys, courts and most people, in the form of regulation reviews.
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Generally, the stress rests with litigants to appeal rulings (like Individuals in apparent violation of established case law) to the upper courts. If a decide acts against precedent as well as case isn't appealed, the decision will stand.
However, some courts (such as German courts) have considerably less emphasis on the particular specifics in the case than typical legislation courts, but have extra emphasis to the dialogue of varied doctrinal arguments and on finding what the right interpretation of the law is.
If that judgment goes to attractiveness, the appellate courtroom may have the opportunity to overview the two the precedent and the case below appeal, Possibly overruling the former case law by environment a different precedent of bigger authority. This may happen several times given that the case operates its way via successive appeals. Lord Denning, to start with with the Superior Court of Justice, later on of the Courtroom of Appeal, provided a popular example of this evolutionary procedure in his advancement in the thought of estoppel starting off inside the Higher Trees case: Central London Assets Believe in Ltd v. High Trees Household Ltd  K.B. 130.
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Frequent regulation's principal exclusive capabilities and concentrate weren't significant legislation, which was customary regulation, but procedural.