Question

If one judge interprets a law in a manner that pardons a person in 2011, a different judge ruling on the same type of case in 2020

O must absolutely abide by the 2011 interpretation
• can cite the 2011 case as a model for the 2020 ruling
O can ignore the 2011 decision even if the law is the same
O can overtum the 2011 decision since five years have passed

Answer 1

A different judge ruling on the same type of case in 2020 is not absolutely bound to abide by the 2011 interpretation, but they can certainly consider it as persuasive authority. The 2011 decision can be cited as a model for the 2020 ruling, but it is not binding precedent.

The judge can ignore the 2011 decision if they believe that it was wrongly decided or if there are significant changes in the law or circumstances that justify a different interpretation. However, if the law and circumstances remain the same, it is unlikely that a judge would completely ignore a prior decision without providing a compelling reason for doing so.

It is also important to note that a judge in 2020 cannot simply overturn the 2011 decision solely based on the passage of time. To overturn a prior decision, there must be a valid legal reason, such as a change in the law or a new interpretation of the law by a higher court. The mere passage of time is not a sufficient reason to overturn a prior decision