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10. In the trial court the plaintiff argued to the Judge that she must follow a case precedent established by a higher court. However, in

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10. In the trial court the plaintiff argued to the Judge that she must follow a case precedent established by a higher court. However, in this matter the Judge decides not to follow this precedent because it is convinced by the arguments of the defendant that the facts at issue can be distinguished from the facts involved in the case that created the precedent. Assume an adverse judgement against the plaintiff. The plaintiff can now appeal the judges decision (and win) on the grounds that it was outside the judge's authority to ignore a precedent set by a higher court. True False

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