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Primary tabs. Binding precedent is a legal rule or principle, articulated by an appellate court, that must be followed by lower courts within its jurisdiction. Essentially, once an appellate court reviews a case, it will deliver a written opinion.
Binding Precedent. Decisions made by judges in past cases that subsequent cases must be followed. Linked with ratio decidendi.
The References list citation for an unpublished decision found in a legal database follows this format: Name v. Name, No. docket number, Year Court Database record number, at *screen page number (Court Month Day, Year).
In the common law in Canada, judges must follow the principle of stare decisis, which requires that judges follow the previous rulings (i.e. precedents) of other judges in higher courts in their province or territory and the Supreme Court of Canada on the same issue.
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
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Wade, a famous case in 1973 which declared that laws banning abortion violated the US Constitution. The Supreme Court upheld the precedent established by Roe v. Wade and reaffirmed a womans right to have an abortion without undue burden.
Once you have noted up an earlier decision and determined that it is still good law for use as a precedent, the decision will be either binding on the later decision, or only persuasive.
Please note that a decision resulting from a Binding Judicial Dispute Resolution in Provincial Court Civil cannot be appealed and is final and binding.

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