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All court decisions are binding unless overturned by a higher court.
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∙ 10y ago
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Are all federal appellate court decisions binding on every federal trial court?
No, that's backwards. Binding precedents are set from the top-down.US Supreme Court decisions are binding on all relevant federal (and state) courts.US Court of Appeals Circuit Court decisions are binding only on US District Courts within that Circuit.US District Court decisions are not binding on any other Courts.Non-binding precedents, including dissenting opinions, may be cited as persuasive precedents at any level, however.
How have the US Supreme Court decisions about state rights changed over time?
How have the supreme court has changes
Which courts can decide if a law is unconstitutional?
In theory, any court can decide this, but only the decisions of the US Supreme Court are binding in regards to the US constitution (for State constitutions, the state's Supreme Court is generally the final arbiter... the US Supreme Court might rule that a particular provision in a state's constitution is not compatible with the US constitution, but usually will let the state court decide for itself in strictly internal matters.)
Can a US Supreme Court decision be binding on an Indiana state court?
Yes, US Supreme Court decisions are binding on bothfederal and state courts except in cases where the ruling involves an amendment or clause of an amendment not incorporated (legally applied) to the states. For example, decisions regarding the Third Amendment currently only apply to states in the Second Circuit; decisions regarding the Seventh Amendment, Grand Jury indictments, and excessive bail or fines currently apply only to the federal government.
Is the highest court at the state level is it the state supreme court?
Yes STATE SUPREME COURT is the highest court at the State level.It is the is the ultimate judicial tribunal for a particular case.Different STATES have there own supreme courts.The supreme court of USA is the highest court.It can over rules the decisions made by State supreme courts.
What law does the decisions made by the highest court follow?
The state supreme court is the highest state court in the state court system. It makes decisions according to the statutes and constitution of the state in which it is housed, as well as case law, or precedents, established by earlier state or federal Supreme Court decisions, and operates almost entirely on an appellate basis.The outcome of court cases is considered final except where there is a preserved issue that can be raised under federal jurisdiction - such cases would then be eligible for review by the Supreme Court of the United States.
Key decisions of the Supreme Court under the leadership of John Marshall solidified the power of the Supreme Court to?
Key decisions of the supreme court under the leadership pf john marshall solidified the power of the supreme court to review the constitutionality of the state and federal law.
If the US Supreme Court issues an opinion and that opinion is not at odds which courts ruling will usually hold sway?
The opinions and decisions made by the US Supreme Court define federal law. There is no higher court and no further appeal. All local, state and federal courts are essentially bound by the decisions of the USSC. If the USSC decision is not unanimous, the majority opinion is the binding decision.
What is the hierarchy of binding precedents within the federal court system?
US Supreme Court decisions are binding on all federal courts, but are most likely to be applicable to cases heard in US District Courts or appealed to US Court of Appeals Circuit Courts. The Supreme Court's decisions are also binding on State courts if they involve constitutional amendments that have been incorporated to the states.US Court of Appeals Circuit Court decisions are binding on all US District Courts within that Circuit, but only carry persuasive precedential weight in other Circuits. The decisions are not binding on other Circuits or on any state courts. US District Court decisions are not binding on other courts, but may be cited as persuasive precedents by other courts, regardless of which Circuit the court belongs to.When US Court of Appeals Circuit Courts issue conflicting decisions on substantially similar matters (called a Circuit Split), they may induce the US Supreme Court to grant certiorari for a case that can be used to resolve or clarify the constitutional issue. The Supreme Court decision will then create a binding precedent used in deciding similar future cases.When Circuit Splits are unresolved, the individual decisions -- although conflicting -- remain binding within each Circuit, but not outside the Circuit. This raises the possibility that one or more of the other ten regional Circuits* will further complicate matters by creating a third split, resulting in inconsistent constitutional interpretations and application of law. For this reason, reviewing cases that address Circuit Splits are high on the US Supreme Court's list of priorities.* The US Court of Appeals for the Federal Circuit has special subject matter jurisdiction and is less likely to be affected by decisions made in the regional Circuits.
After state supreme court what is next?
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.
Is a US District Court decision binding on the Virginia Court of Appeals?
Technically no, because all states have autonomous jurisdiction. A US District Court decision is persuasive authority over a state court. A US District Court is a federal court, not a state court. A state supreme court decision however, is binding authority on a state appeals court level, and a trial court decision in that state would still be persuasive because its from a lower court. The decision from the Virginia Court of Appeals, however, becomes a binding authority over the state court.
What landmark case determined that the supreme court could review state court decisions?
McColloch v. Maryland
