Precedents--Advocates Are Duty-Bound to Cite Even Adverse Precedents -- Courts Must Ensure Their Decisions Are Not Rendered Per Incuriam (in Ignorance of Binding Law)
Advocates are duty-bound to place before the court all relevant precedents, including judgments adverse to their client's case. Independently, the court itself has a tri-fold duty to apply correct law even without counsel's assistance, ensure consistency with precedent, and avoid per incuriam decisions. These duties are shared obligations of the Bar and the Bench toward the justice delivery system.
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