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Is this not precedent ? Can't CN courts now use that ruling to force new cases to move forward ? In fact if it is local precedent they MUST allow the cases to go forward correct ?
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Am not a lawyer and probably have this a bit wrong, but my understanding is that precedent in case law is not chiseled in stone holy writ.
Its what was done before, what precedes the current case, and something that must be considered, as it provides a possible path, but its not quite law, and while its something required to be considered, its not something
required to be followed.
If there is an argument deemed sufficiently compelling, existing precedent can be set aside. It rarely is, but it CAN be.
legal eagles, if I'm wrong, please enlighten me...