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    A case may be distinguished, but only if that distinction... — Carmelics
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    A case may be distinguished, but only if that distinction does not imply that the precedent was wrongly decided.

    Justice & PunishmentTruth & Knowledge
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    In a later case, the court must decide whether the factual difference provides a...

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    One obvious possibility for avoiding this problem would be to ask how the precedent court would have assessed the facts in later case. But although this would be satisfactory in theory (if sometimes difficult in practice), it again does not reflect legal practice. Courts sometimes approach the question in this way, but often they do not, and there is no legal requirement that they do so. A better response is this: the basic common law requirement in stare decisis is to treat earlier cases as cor

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