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What did Brown v. Board of Education illustrate about the Supreme Court?
The Supreme Court has no power to enforce its own decisions.
What determines a binding precedent?
A binding precedent is determined by the decision of a higher court on a legal issue. It sets a legal rule that must be followed by lower courts in the same jurisdiction when deciding similar cases. Binding precedents are typically created by appellate courts, such as a supreme court, and establish legal principles that guide future decisions.
How does the Supreme Court gain compliance with the decisions it issues?
The US Supreme Court lacks the ability to enforce its own decisions, which is a check on the Judicial Branch of government. The Executive Branch is vested with the authority and obligation to enforce Supreme Court decisions, and the Legislative branch can support a decision by passing laws upholding the Court's finding.
Is the federal court while making decision bound to its own previous decision?
Yes. The Federal Courts follow the doctrine of stare decisis. They will only overturn precedent if a higher court has ruled on the issue differently.Added: The above answer is correct insofar as it goes, However, if by "the federal courts" you mean to include ALL Federal Courts (to include the Supreme Court) you will find many instances of the Supreme Court reversing it's own theretofore long-standing decisions. (e.g.: Dred Scott).
Are federal judges independent?
The Judicial Branch is considered highly independent, but the degree of independence actually varies with the level of the court. US Supreme Court justices, the highest federal judges, have a high degree of independence. US Court of Appeals Circuit Court judges have a fair amount of independence. While they are bound by Supreme Court precedents, they are also required to apply their own critical thinking skills to the cases at bar, because the Circuit Courts are the final appellate destination for 99% of federal cases. US District Court judges have very little independence. Not only are they bound by US Supreme Court precedents, they are also bound by precedents established by the Circuit in which they reside, by Federal Rules of Procedure, and by applicable laws, policies and guidelines. US District Court decisions are supposed to be applied consistently, so trial court judges are left with little room for interpretation.
Can US Supreme Court decisions be overturned by the Judicial Activism?
Yes, but only the US Supreme Court can overturn its own earlier court decisions.Judicial activism is a label subjectively applied to legal decisions believed to go beyond the intent of the Constitution or Congressional lawmakers, or to overturn established legal precedent. The term has negative connotations, and is synonymous with the phrase "legislating from the bench."There is no entity called "the Judicial Activism," nor is there a populist movement by that name; it is simply a concept related to certain types of court decisions.Supreme Court decisions can only be overturned in one of two ways:The Supreme Court can overturn its own decisions.Supreme Court decisions may be overturned by constitutional amendment.For more information, see Related Questions, below.
Patient that is under arrest and is unable to make medical decisions who makes the decisions to decide the medical care?
This person needs to have a Healthcare Proxy. This is someone who will make ONLY their medical decisions, and is court appointed. Usually the court will appoint a family member. A person who is under arrest still has the autonomy to make their own medical decisions, Only a person who is incompetent (determined by the court), or who does not have capacity (determined by a physician) can NOT make their own medical decisions. If you wish to become this persons health care decision maker, you need to seek the necessary forms to become their healthcare proxy (most hospitals have the forms or should at least be able to tell you how to get them).
How do you break a will?
If it is your own Will, a document you wrote or hired an attorney to write, just rip it up or destroy it. If the Will is someone else's Will, you are bound by the Court to uphold the Will. If you are the Executor or Executrix of someone's Will, you will be held even more accountable by the Court.
Why does Mr Davis mean when he says that south Carolina does nit come to court in sack cloth and ashes?
That it is powerful and able to make its own decisions
How can supreme court decisions later be used?
As 'jurisprudence'. Which means that other courts throughout the nation will take them as a lead for their own future decisions. This is not only standard procedure, but also because these courts know that if they go against an earlier Supreme Court decision, they will in the end be overturned if the parties appeal.
Can family court grant a 17 year old permission to marry?
maybe but why don*t you just wait till your 18 you can make your own decisions then
Does the devil make bad decisions for you?
No. We are resposible for our own decisions.
