Mariner was decided while this appeal was pending, without reference to
binding judicial authority or analysis.
Mariner was decided while the appeal in this case was pending, without reference to
binding judicial authority or analysis.
And further, that Marzetti, a case not cited in Bell (Re), is the guiding and
binding judicial authority.
Not exact matches
Contract law, for example, provides that by doing or saying certain things people can make
binding agreements with one another that will be enforced by
judicial authorities in the event that one or more parties fail to follow through on the agreement.
Thus, a provision in divorce judgment submitting to an attorney for the minor children for
binding arbitration any controversy that may develop regarding parenting schedule constituted an improper delegation of
judicial authority and was void.
More, it was made possible that families could choose to work with a Parenting Coordinator (PC) that had
judicial authority to make legally
binding decisions for the family and / or be ordered to have to work with a PC in order that high conflict families and most importantly the children of high conflict families were not stalemated.
In the literature, scholars have thus concluded that the setting of
judicial remedies in the EEA is incomplete for the EFTA countries, as there is no
binding preliminary reference procedure which would ensure one unitary authoritative interpretation of EEA law (see S. Magnússon, «On the
Authority of Advisory Opinions», 13 Europarättslig tidskrift (2010) p. 528 at p. 535 - 536).
In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of
judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as
binding on them in their application to the case before them.
Despite the non-existence of an established system of legally (de jure)
binding precedents, previous
judicial decisions do have persuasive
authority.