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Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer?.

Solutions for Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Typically, when we imagine a rule or constraint as binding, we think of it as unavoidable. Binding constraints are those we suppose to be absolute and incapable of being overridden by other considerations. If a precedent is binding, then a court bound by it simply must follow it. Period.There is no reason, however, why even a binding authority should be understood in this way. Although a binding authority creates an obligation on the part of the bound court to use that authority, such an obligation need not be absolute. In life, genuine obligations can be overridden by even stronger ones. I am obliged to keep my promises, so I must keep my lunch date with you even if I no longer find you interesting. But if a close relative has fallen ill, it is understood that my obligation is overridden by the even stronger one to attend to ailing relatives. Similarly, a police officer refrains from giving a speeding ticket to the man who is rushing his pregnant wife to the hospital. Indeed, rights operate in the same way.Just as obligations can be obligatory without being absolutely so, so too can authorities be authoritative without being absolutely authoritative. Most authorities are therefore not binding or controlling in the absolute sense, and treating a source as authoritative or even mandatory does not entail following it come what may. A judge of the District Court is bound by the decisions of the High Court, but he is also bound by the decisions of the Supreme Court, and if in some case the relevant High Court precedent turns out to dictate one outcome while the relevant Supreme Court case indicates another, the obligation to follow the Supreme Court will override the obligation to follow the High Court.Similarly, the best understanding of stare decisis is that a subsequent court is bound to follow the earlier decisions of the same court, but this too is not an absolute obligation. The Supreme Court can overturn its own precedents when there is a “special justification”, not that it believes that the previous Court was mistaken. Something more is required, something “special,” but it is possible to overrule. The earlier case is a binding precedent, but here, unlike in the situation involving vertical precedent, where we understand binding to mean non overridable by any other consideration, the binding force of stare decisis is real but decidedly non absolute.Q. According to the author, what is the general impression of a binding precedent?a)A binding precedent is absolute and needs to be followed under all circumstances.b)A binding precedent is not absolute.c)A binding precedent need not be followed in special cases.d)A binding precedent can be overruled.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.