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Does the doctrine of stare decisis require the Florida Supreme Court to follow a precedent set by the Georgia Supreme Court?
Wiki User
∙ 14y ago
No. The states are required to follow their ownstate statutes and constitutions, which are unique to each state.
The doctrine of stare decisis would strongly encourage both Georgia and Florida to follow US Supreme Court decisions on questions of federal and constitutional law, with the exception of cases involving unincorporated constitutional Amendments. Unincorporated Amendments and clauses are those portions of the Bill of Rights that have not (yet) been held to apply to the states under the Fourteenth Amendment Due Process Clause, such as the Second Amendment (right to bear arms). Issues involving unincorporated Amendments are regulated by the states.
Wiki User
∙ 14y ago
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Can a court depart from a precedent if the precedent is no longer considered constitutionally valid?
Yes courts can depart from Precedents. However this depends on the level of the court and the precedent being relied upon. For instance the Supreme Court is not bound by any precedent, not even the one it set, yet the lower courts to it are bound by such precedents. Also the precedent being relied upon could have been overtaken by events e.g by change of law, time or any other factor hence making it obsolete and therefore courts departing from such precedent.
The 1908 case of Muller v State of Oregon was the precedent setting in that the supreme court?
The 1908 Case Of Muller Vs. State Of Orgeon Was Precedent Setting In That The Supreme Court
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".
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 court sets precedent for the entire US?
U.S Supreme Court
When was Supreme Council of the Republic of Georgia created?
Supreme Council of the Republic of Georgia was created in 1938.
When did Supreme Council of the Republic of Georgia end?
Supreme Council of the Republic of Georgia ended in 1992.
When was Supreme Court of Florida created?
Supreme Court of Florida was created in 1845.
Which precedent is binding on the us district court for the southern district of new york?
second circuit and supreme court
What are the key features of the doctrine of judicial precedent?
The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. The courts are bound (within prescribed limits) by prior decisions of superior courts. Adherence to precedent helps achieve two objects of the legal order. Firstly it contributes to the maintenance of a regime of stable laws. This stability gives predictability to the law and affords a degree of security for individual rights. Secondly it ensures that the law develops only in accordance with the changing perceptions of the community and therefore more accurately reflects the morals and expectations of the community.
Is the Supreme Court of Georgia part of the Judicial Branch?
Yes. The Supreme Court of Georgia is head of the judicial branch of the Georgia state government.
The doctrine of checks and balances was established by who?
the supreme court
