chapter 1 - 9 Under what circumstances would a court...

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9. Under what circumstances would a court disregard a precedent? There could be many reasons a court would disregard a precedent. If the precedent was in another jurisdiction, the court may disregard it simply because the court disagrees with it (in that situation, the precedent is merely “persuasive” and is not “binding”). If the precedent is in the same jurisdiction, but was made by a lower court or the same court, it may similarly be disregarded if the court disagrees with it. If the precedent is in the same jurisdiction but from a higher court, then the precedent is binding, rather than persuasive, and cannot be disregarded. Still, the lower court may attempt to distinguish the precedent from the case at hand by pointing out the differences in the two cases and ruling that the different changes the outcome. A higher court may or may not buy into the lower court’s analysis. Also, rarely, but occasionally, a lower court may purposely disregard binding precedent from a higher court knowing that the ruling
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