Many readers will have a deeper understanding of the system and conventions of U.S. jurisprudence than I have, so comments and corrections on this point are welcome, but doesn't publication in a law report offer
precedential value not available to unpublished decisions — of which there are many more?
Not exact matches
While the decision doesn't have
precedential value, it should help inform us in determining who qualifies as a professional trader.
But this specified expertise can
not be imputed to all sorts of administrative decision - makers, and so the
precedential value of Pezim and Southam is limited.
Unlike the legal naysayers noted above, the new users of these historical cases will see
not old and dead law of little
precedential value but new and living documents of immense historical and social interest.
The 2/5 found persuasive the line of reasoning that an «action» does
not encompass a defense, as articulated in the Exxess and Gil given that Mountain Air was depublished and of no
precedential value given its pendency for state supreme court review.
On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could
not be expected to follow case law on what is a change of circumstances or
not giving
precedential value to a temporary order at the final hearing.
While the opinion given by the Supreme Court of Canada is
not considered to be of the same
precedential value as the decisions involving regular litigants, governments do
not usually ignore the Court's opinion.
While the Nortel case arose from a unique set of circumstances, its importance and future
precedential value should
not be underestimated.
South Carolina Appellate Court Rule 268 (d)(2) states, «Memorandum opinions and unpublished orders have no
precedential value and should
not be cited except in proceedings in which they are directly involved.»
Rule 268 (d)(2), SCACR («Memorandum opinions and unpublished orders have no
precedential value and should
not be cited except in proceedings in which they are directly involved.»)
Let me please add this caveat: Please take your time to read these unpublished opinions and please do
not simply dismiss them because they are of «no
precedential value.»
The court held that an appeal from a trial judge's interpretation of a standard form contract, that has
precedential value and does
not require engagement with any meaningful factual matrix, is a question of law that should be reviewed for correctness.
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
It's one of those cases that I don't think it's technically been overruled yet, but I think it's widely recognized as
not having
precedential value.