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Ways To Avoid Precedent

Terms in this set (4)

The superior court may BLANK/change the previous decision of a lower court. This creates a new precedent that is binding on lower courts.

A superior court may decide not to follow the existing precedent set in a lower court and may BLANK/change it. This creates a new precedent that is binding on lower courts

A judge may find that there are different material facts existing between the case currently being decided and the case in which an earlier binding precedent was set.

A judge may refuse to follow an earlier judgement of another judge in the same court. This includes precedents that the court is bound to follow.

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