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Courts do not depart from precedents?
Lower courts do not department from precedents, they must follow the rulings of higher courts. Lateral courts have precedent that is not binding and does not have to be followed.
What type of courts can make precedents?
In most legal systems, higher courts, such as supreme courts or appellate courts, have the authority to establish precedents. These precedents are binding on lower courts within the same jurisdiction, guiding future cases with similar legal issues. In some jurisdictions, administrative courts may also create precedents within their specific areas of law. However, trial courts typically do not create binding precedents, although their decisions can influence future cases.
What law is based on operating through the use of individual cases as precedents for future decisions?
Case law is based on the precedents and and legal principles applied by other courts in previous cases.
What court sets the binding precedents for federal courts?
Supreme Court
What courts are bound by the federal district court for the district of Massachusetts?
None. US District Courts do not establish binding precedents.
Do lower courts consider Supreme Court precedents when making decisions?
Yes, if appropriate precedents exist for the case before the court. The US Supreme Court sets binding precedents, meaning lower courts are required to adhere to them (but don't always do so) under the doctrine of stare decisis (Latin: Let the decision stand).
What are examples to be followed in similar cases as they arise in lower courts or reach the supreme court?
Precedents
What Decision made by judge in the various courts and used as a guide for future decisions are called what?
The decisions are called precedents. Precedents are used as a guide by future court cases with similar fact patterns.
What are all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts?
None. U. S. District Courts do not establish binding precedents.
How do the lower courts resolve disputesinterpret the law and set precedents?
Lower courts resolve disputes by interpreting laws and applying legal principles to specific cases. They examine evidence, hear testimonies, and make rulings based on statutory and case law. While lower court decisions do not set binding precedents for other courts, they can influence future cases and may be cited in higher court rulings, contributing to the development of legal interpretations over time. Additionally, their decisions can be appealed to higher courts, which may establish binding precedents.
Are precedents the final decisions?
Precedents are the decisions in cases in the PAST. These past cases are used and applied to cases in the courts to provide certainty and consistency in the system of law and justice (no matter what legal system this is regarding).
Why are precedents overturned?
Precedents are often overturned to reflect changes in societal values, legal interpretations, or advancements in understanding. Courts may find that previous rulings are no longer applicable or equitable in light of new evidence or evolving norms. Additionally, higher courts may overturn precedents to correct judicial errors or to ensure consistency in the law. This process allows the legal system to adapt and respond to contemporary issues and perspectives.
