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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.
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What two types of precedent are there in doctrine of precedent?
binding(mandatory) precedent persuasive precedent
What is the difference between a binding precedent and a persuasive precedent?
A binding precedent is precedent that a court MUST follow (it is law). All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent. In contrast, persuasive precedent is precedent that a court need not follow (it is NOT law, but, as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions OUTSIDE of that court's jurisdiction or from a LOWER court are considered to be persuasive only.
How do you determine whether a case is mandatory or binding authority?
Mandatory refers to binding statutes and case law within the same jurisdiction.
What does it mean when a decision in state court is persuasive in federal court?
"Persuasive precedents" are decisions that are not binding on a court hearing a similar case, but which contain compelling legal reasoning or logic that the court finds convincing (persuasive) enough to apply to the case at bar. For example, a US District Court judge may agree with a decision made in a comparable state court case, adopt the reasoning, and cite the first case in the opinion of the second case. Only appellate courts with jurisdiction over a lower court may creating binding precedents (decisions that must be followed); a court may choose to follow a non-binding precedent that doesn't conflict with a binding precedent or law. These are commonly referred to as "persuasive precedents."
Persuasive authority is also known as?
unbinding precedent
What is mean by persuasive precedent?
this is not absolutely binding on a court but may be applied for instance if there is a case with no binding authority if the judge believes they have applied the correct legal principle and reasoning.
What does the system of judicial precedent mean?
The way the question is asked: USING judicial precedent, means that the judge is following the lead of a decision in a similar case that has already been decided upon and he is ruling the same way using the other case as a guideline. If the questioner meant to ask what does SETTING judicial precedent mean. . . that means that the judge was rendering a decision in a case of a type that had never been tried, or ruled upon, in the past, and that his verdict would set the 'precedent' by which all future cases might be judged. Judges, by the way, do NOT necessarily have to follow precedent in making rulings.
Is a digest mandatory authority?
No, it is non-authority, so at the most it can be persuasive authority.
Explain the operation of precedent and stare decisis on case law?
Relating to the law of precedents, the concept of stare decisis relates to the binding nature of an earlier decision over a subsequent court called upon to decide over a similar issue.Stare Decisis operates at two levels:1. Binding precedent (or mandatory authority); and2. Persuasive precedentBinding precedent is when a similar matter has been decided upon by a superior court, a junior or subordinate court is required to follow the ruling.Persuasive precedent is when a similar matter has been decided by a different bench of the same court, or a court of the same rank or junior / subordinate court.
What court sets precedent for the entire US?
U.S Supreme Court
Use controlling in a sentence?
A legal precedent is called "controlling" in a court proceeding if the precedent is a decision rendered by a court to which any judgment of the court in which the proceeding is occurring can be appealed, either immediately or ultimately.
What is established by the court ruling of an earlier case?
Precedent
