Orthodox Judaism holds that takkanot ( Rabbinical decrees ) can only supplement and can never nullify Biblical law, and significant decisions must be accompanied by scholarly responsa citing sources and halakhic precedent.

Orthodox Judaism holds that both Conservative and Reform Judaism have made major and unjustifiable breaks with historic Judaism, both by their skepticism of the verbal revelation of Written and Oral Torah, and by their rejection of halakhic ( Jewish legal ) precedent as binding ( though to varying degrees ).

Today's independent Belize government holds the viewpoint that treaties signed by the UK are not binding on them, that the International Court of Justice's precedent is that the 1859 treaty is binding on Guatemala unless Guatemala can firmly prove the 1859 treaty was forced upon them by the UK, that international law says any breaches in the 1859 treaty by the UK would not excuse Guatemala's breaches and the UK never made " material breaches ," that Guatemala never inherited Spain's claim because Guatemala never occupied that part of Spain's New World colonies, and the right of a people to self-determination.

The concept also holds that the legislative body may change or repeal any previous legislation, and so that it is not bound by written law ( in some cases, even a constitution ) or by precedent.

The Spring Court is a fractious gathering that values change as an ideal in itself ; the Summer Court holds traditionalists with high values of honor and precedent ; the Autumn Court is most interested in learning and study of the world around them, particularly, in these days, humans ; and the Winter Court is a loose alliance of monsters and bugbears, creatures that " go bump in the night ," and prey on the weak.

" Current precedent holds that this is binding on the states as well under the liberty clause of the 14th Amendment to the federal constitution.

While the wording of this amendment specifically bars Congress from restricting freedom of religion, current precedent holds that this amendment and the rest of the United States Bill of Rights are binding on the states by the liberty clause of the 14th Amendment.

" This provision has never been enforced in modern times, since current precedent holds that the First Amendment's Establishment Clause is binding on the states per the 14th Amendment's liberty clause.

A lower court may not rule against a binding precedent, even if it feels that it is unjust ; it may only express the hope that a higher court or the legislature will reform the rule in question.

If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases.

Any court may seek to distinguish its present case from that of a binding precedent, in order to reach a different conclusion.

Where there are several members of a court, there may be one or more judgments given ; only the ratio decidendi of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in argument.

Quite apart from the rules of precedent, the weight actually given to any reported judgment may depend on the reputation of both the reporter and the judges.

In extraordinary circumstances a higher court may overturn or overrule mandatory precedent, but will often attempt to distinguish the precedent before overturning it, thereby limiting the scope of the precedent.

Persuasive precedent ( also persuasive authority ) is precedent or other legal writing that is not binding precedent but that is useful or relevant and that may guide the judge in making the decision in a current case is known as persuasive precedent ( or persuasive authority or advisory precedent ).

Persuasive precedent may become binding through its adoption by a higher court.

Because court decisions in civil law traditions are brief and not amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than by judges ; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France.

If there is a precedent set by an inferior court, a judge does not have to follow it, but may consider it.

Although inferior courts are bound in theory by superior court precedent, in practice judges may sometimes attempt to evade precedent by distinguishing it on spurious grounds.

The appeal of a decision that does not obey precedent might not occur, however, as the expense of an appeal may prevent the losing party from doing so.

Courts may choose to obey precedent of international jurisdictions, but this is not an application of the doctrine of stare decisis, because foreign decisions are not binding.

An erroneous precedent may at first be only slightly inconsistent with the Constitution, and then this error in interpretation can be propagated and increased by further precedent until a result is obtained that is greatly different from the original understanding of the Constitution.

`` This team set a precedent that could be valuable in the future '', Benington pointed out.

`` My approval of this bill should not be viewed as establishing a precedent for the enactment of similar legislation for other mineral industries '', the President said.

The formality of their stance seems to be related with the Egyptian precedent, but it was accepted for a good reason.

Shortly before his death, he passed his chair on to John of La Rochelle, setting the precedent for that chair to be held by a Franciscan.

In time, a rule, known as stare decisis ( also commonly known as precedent ) developed, whereby a judge would be bound to follow the decision of an earlier judge ; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another.

Once judges began to regard each other's decisions to be binding precedent, the pre-Norman system of local customs and law varying in each locality was replaced by a system that was ( at least in theory, though not always in practice ) common throughout the whole country, hence the name " common law.

In legal reasoning, for example, this might be a precedent case, such as premeditated murder.

* Women were allowed to succeed ( but there existed no known children of theirs whose father did not also happen to be an agnate of the imperial house, thus there is neither a precedent that a child of an imperial woman with a non-imperial man could inherit, nor a precedent forbidding it for children of empresses ).

Fatwās generally contain the details of the scholar's reasoning, typically in response to a particular case, and are considered binding precedent by those Muslims who have bound themselves to that scholar, including future muftis ; mere rulings can be compared to memorandum opinions.

At the urging of Congress, however, he ultimately accepted the payment, to avoid setting a precedent whereby the presidency would be perceived as limited only to independently wealthy individuals who could serve without any salary.

Although crowds singing anthems during matches was common place, there was no precedent for the anthem to be sung before a game commenced in any sport.

This was necessary so that there would be a legal bench mark with which to compare and contrast the scholarship of an objective historian against the methods employed by David Irving, as before the Irving v Penguin Books and Lipstadt trial there was no legal precedent for what constituted an objective historian.

Additionally, the departing and respected Theodor Heuss had established the precedent that the president be nonpartisan, which clashed with Adenauer's vision.

The court found that the union, had it offered assistance to the plaintiff, would be in violation of its duty to protect the tenure of the accused member, and this judgment remains the precedent for cases in which union members who make complaints to the employer of racist or sexist harassment against member ( s ) of the same union cannot obtain union advice or assistance ; this applies irrespective of the merit of the complaint.

The Orthodox Jewish movements generally consider all non-Orthodox Jewish movements to be unacceptable deviations from authentic Judaism ; both because of other denominations ' doubt concerning the verbal revelation of Written and Oral Torah, and because of their rejection of Halakhic precedent as binding.

The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which that goal is attained.

Case law is the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedent.

The second is the principle that a court should not overturn its own precedent unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts.

Past precedent is that such surnames are dropped from usage in adulthood, after which either title alone, or Mountbatten-Windsor is used when necessary.

Super-stare decisis is a term used for important precedent that is resistant or immune from being overturned, without regard to whether correctly decided in the first place.

Plain yellow, green, and even black flags have been used to symbolize disease in both ships and ports, with the color yellow having a longer historical precedent, as a color of marking for houses of infection, previous to its use as a maritime marking color for disease.

The interpretation of all of these passages are hotly contested amongst various schools of thought, traditionalist and reform-minded, and branches of Islam, from the reforming Qur ' anists and Ahmadiyya to the ultra-traditionalist Salafi, as is the doctrine of abrogation ( naskh ) which is used to determine which verses take precedent, based on reconstructed chronology, with later verses superseding earlier ones.

Since there was no blueprint or precedent for real-time news coverage, early efforts of the new division used the short-wave link-up CBS had been using for five years to bring live feeds of European events to its American air.

While straight swords were used before the invention of the katana, the straight ninjatō has no historical precedent and is likely a modern invention.

There was even a precedent for employing Norsemen from the isles ; they had been used by Sigtrygg's father, Amlaíb Cuarán, in 980, and by Sigtrygg himself in 990.

He used his discretionary powers as a President and deviated from convention and precedent in many situations, including – but not limited to – the appointment of the Prime Minister in a hung Parliament, in dismissing a state government and imposing President's rule there at the suggestion of the Union Cabinet, and during the Kargil conflict.

Critics, however, interpreted the sentence as stating that the case did not set precedent in any way and could not be used to justify any future court decision, and some suggested that this was evidence the majority realized its holding was untenable.

The three internal spiral staircases, based on Palladian precedent, were not intended to be accessed by Lord Burlington's guests, and were used only by the house servants ; a dumb waiter was installed in place of the fourth internal staircase.

Past precedent is that such surnames are dropped from usage in adulthood, after which either title alone, or Mountbatten-Windsor is used.

The publication A Tryal of Witches, was used by the magistrates at Salem, when looking for a precedent in allowing spectral evidence.

Several interrogation techniques used at Guantanamo Bay were specifically defined by the Bush administration as " not torture ", though most international observers and historical precedent disagree.

The order mandated the use of Kunrei-shiki in " the written expression of Japanese generally ", with a provision that specific alternative spellings could be used in international relations, and where necessary to follow established precedent.

The precedent of the Natwest Three may also be used to extradite / prosecute Philip Watts in connection with the Royal Dutch Shell reserves scandal.

400-series highway design has set the precedent for a number of innovations used throughout North America, including the parclo interchange and the modified Jersey barrier design known as an Ontario Tall Wall.

In Parker v The Queen ( 1963 ), Chief Justice Sir Owen Dixon led a unanimous judgment which rejected a precedent of the House of Lords in DPP v Smith saying, " I shall not depart from the law on this matter as we have long since laid it down in this Court and I think that Smith's case should not be used in Australia as authority at all "; the following year the Privy Council upheld an appeal, applying the House of Lords precedent.

" not be used in reference to him, while also making clear that he was not attempting to set a precedent for future speakers ; he was simply not personally comfortable with the title.

" This case was then used as a precedent for several other hostage scenarios outside of formal armed conflict.

Kelley helped file the " Brandeis Brief ", which included sociological and medical evidence of the hazards of working long hours, and set the precedent of the Supreme Court's recognition of sociological evidence, which was used to great effect later in the case " Brown v. Board of Education ".

However the amended explanatory memorandum issued alongside the Charter in 2007 describes the wording used in the Charter as reflecting ECJ precedent.

The case set a precedent in United States immigration law as applicants could now seek asylum in the United States from gender-based persecution, whereas previously religious or political grounds were often used to grant asylum.

Before 1994, the term " Government Leader " was officially used instead of " Premier ," but the title of Premier was later retroactively applied to Government Leaders starting with George Braden in 1980, and had been in informal use for several years, based on the historical precedent set by Frederick W. A. G. Haultain, who used the title of Premier of the North West Territories from 1897 to 1905.