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Yes. All published opinions (majority, concurring, dissenting, etc.) except per curiam (unsigned opinions) may be cited as precedent. The US Supreme Court's official "opinion of the Court" (usually the majority decision) supersedes all lower court opinions, and sets binding precedent which both federal and state courts* are supposed to follow under the doctrine of stare decisis.
* US Supreme Court decisions apply to state courts if they involve incorporated parts of the US Constitution, or federal laws that apply to (or within) the states.
For more information, see Related Questions, below.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoNo. Precedents are set from the top down; a lower court can't set a precedent for a higher court. Lower court decisions may be cited as persuasive authority, however, and may be may be used by appellate (higher) court judges or justices when making a decision. Under such circumstances, the appellate court decision would then set a precedent for the courts below it.
Wiki User
∙ 13y agoAll published opinions from all US Supreme Court cases (majority, concurring, dissenting, etc.) except per curiam(unsigned opinions) set or uphold precedents. The US Supreme Court's official "opinion of the Court" (majority decision) supersedes all lower court opinions, and sets binding precedent which both federal and state courts* are supposed to follow under the doctrine of stare decisis.
Landmark Supreme Court cases set important constitutional precedents.
* US Supreme Court decisions apply to state courts if they involve incorporated parts of the US Constitution, or federal laws that apply to (or within) the states.
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What precedent did Marbury v. Madison set?
In 1803, Marshall decided a case that increased the power of the supreme court.
What precedent was set in the Supreme Court case Engel v. Vitale (1962)?
that all ballsacks are to be round
Which Supreme Court case set the precedent for the supremacy of the national government during Reconstruction?
McCulloch v. Maryland (1819)
Why were precedent set by the supreme court with Marshall as chief justice?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Does a decision made by Supreme Court justices have to be signed?
Not necessarily. The US Supreme Court sometimes issues per curiam opinions that are binding (on the instant case) but unsigned; however, these decisions do not set precedent for future cases.
Why were precedent set by the supreme court with Marshall's as chief justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
What Supreme Court case set up the Supreme Court?
There is no case that set up the Supreme Court. The US Supreme Court was required under Article III of the Constitution; Congress created it with the Judiciary Act of 1789.
Is court precedent mandatory or persuasive?
That depends on which court you're referring to. In the federal court system, the US Supreme Court sets binding (or mandatory) precedent for all lower courts; the US Court of Appeals Circuit Courts set binding precedent for all US District Courts within their jurisdiction, but only persuasive precedent elsewhere; the US District Courts do not set binding precedent at all, they only set persuasive precedent.
Why were precedents set by the supreme court with marshall as chief justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were precedents set by the supreme court with Marshall as chief justice important.?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were the precedents set by Supreme Court with Marshall as Chief Justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were precedents set by the supreme court with Marshall chief justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
