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pwilson

Rescinding Precedents

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RONR says that appeals and rulings on points of order create precedents that can later be rescinded or amended ([10th ed], p. 294, l. 28-30). Three questions:

(1) If the chair disagrees with the ruling of a previous chair on a point of order that was not appealed, must the precedent be rescinded before the chair can make his ruling?

(2) Can an appeal effectively rescind a precedent set by an earlier appeal on the same issue?

(3) What sort of precedent is set by an appeal that clearly conflicts with a bylaw or rule or order?

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RONR says that appeals and rulings on points of order create precedents that can later be rescinded or amended ([10th ed], p. 294, l. 28-30). Three questions:

(1) If the chair disagrees with the ruling of a previous chair on a point of order that was not appealed, must the precedent be rescinded before the chair can make his ruling?

(2) Can an appeal effectively rescind a precedent set by an earlier appeal on the same issue?

(3) What sort of precedent is set by an appeal that clearly conflicts with a bylaw or rule or order?

(1) No.

(2) Yes (at a later session, following another ruling).

(3) A bad one. :)

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