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No. "Primary Authority" would refer to the underlying law promulgated by the Legislative Branch which the Supreme Court would refer to and interpret.
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∙ 13y ago
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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 is the difference between mandatory authority and persuasive authority?
Simple really, Primary authority is the verbatim text of laws, case laws, etc. and mandatory authority is the laws or case laws that a particular court must follow. All mandatory authority must be primary authority, but the reverse is not always true. For example. a murder case in district court in New York state MUST follow any and all rulings or laws of New York state and any higher courts. However, a murder case in Minnesota is not required to follow New York's laws and case laws even though they are primary authority. Also a higher court is never required to follow a lower courts decision even if it is a primary authority.To break it down to brass tacks, primary authority is really just the legal term for a primary source, same as regular research. A mandatory authority is about jurisdiction and stare deices.
Can a village court override a state appeal court decision?
No. The State Court of Appeals is a superior court to that of a village court.
What authority does the supreme court over states?
The authority to overrule state courts.
Which has the greater authority U.S Supreme Court or the state Supreme Court?
U.S Supreme Court
Which court are constitutional matters between the central authority and the state government arbitrated?
Which court are constitutional matters between the central authority and the state government arbitrated in nigeria
Can the executor of an estate over ride the wishes of one of the beneficiaries?
Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.
How can a state be forced to follow a Supreme Court decision with which it disagrees?
Just because the state doesn't agree, if the US Supreme Court renders a decision in your favor the state must comply! There is no higher court than the US Supreme Court - the state cannot file an appeal.
Can a parent move out of state with a child before custody hearing in VA?
No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.
What court has authority on a civil case State district court or Federal court?
99 9/10% of the time it is going to be the State court that has original jurisdiction.
What if a state declares a law unconstitutional and void?
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
How many days does the state appeals court have to respond to a lower court decision?
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