Sentences with phrase «precedential authority»

Interestingly, when applied to federal law, California Courts have held just the opposite: that «unpublished federal decisions can be cited as persuasive but not precedential authority.»

This can be contrasted with common law systems whose intellectual framework comes from judge - made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions.

Not exact matches

Taken together, the analysis in this Comment suggests that the justifications most commonly offered in defense of stare decisis — rule of law, appearance of the rule of law, and deference to legislative authority — do not support affording binding precedential value to secret opinions of the kind sometimes issued by the FISA courts.61