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What does it mean to say that supreme court decisions establish legal precedent?
Wiki User
∙ 10y ago
As the highest court in the US, a ruling by the Supreme Court can not be challanged legally.
In effect lower courts must make rulings on cases in line with any historic, relavent Supreme Court decisions (or their rulings will be overturned by higher courts).
This means that a ruling by the Supreme Court sets the US legal standard - sets a precedent.
"precedent" means coming before another or others in time, place, rank, or sequence.
Wiki User
∙ 10y ago
Wiki User
∙ 13y agoPrecedent means that a principle announced by a higher court must be followed in later cases by the lower courts.
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The system by which court decisions establish principles and rules of law?
Precedent is the system by which court decisions establish principles and rules of laws. So essentially court cases that have been presented in the past have guided the law into what it is today.
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.
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.
What does a ruling become for future decisions once the supreme court rules on a case?
Once the Supreme Court rules on a case, the ruling becomes binding precedent for future decisions. This means that lower courts are required to follow and apply the same legal principles established in the Supreme Court's ruling when deciding similar cases in the future. The ruling sets a legal standard that must be followed unless it is later overruled or modified by a subsequent Supreme Court decision.
Does a decision made by Supreme Court justices have to be signed?
Not necessarily. The US Supreme Court sometimes issues per curiam opinions that are binding (on the instant case) but unsigned; however, these decisions do not set precedent for future cases.
Why does Congress have the right to pass law reversing Supreme Court decisions like Ward's Cove?
Once the Supreme Court sets a precedent in its interpretation of a certain law, that decision becomes the pattern by which future tests of the same law must be judged. Therefore, if Congress passes a law that is contrary to a Supreme Court decision, and a case involving that law comes before the Supreme Court, the Court should strike it down based on the established precedent.
What court sets precedent for the entire US?
U.S Supreme Court
What law does the decisions made by the highest court follow?
The state supreme court is the highest state court in the state court system. It makes decisions according to the statutes and constitution of the state in which it is housed, as well as case law, or precedents, established by earlier state or federal Supreme Court decisions, and operates almost entirely on an appellate basis.The outcome of court cases is considered final except where there is a preserved issue that can be raised under federal jurisdiction - such cases would then be eligible for review by the Supreme Court of the United States.
What is the difference between 'Supreme Court Report Annotated' and 'Supreme Court Decisions Annotated'?
Supreme Court Report Annotated is the name of the bound series of legal decisions of the Philippines Supreme Court. There is no publication specifically listed as Supreme Court Annotated Decisions or Supreme Court Decisions Annotated, except for a few US historical documents listed as Supreme Court Decisions [annotated].You didn't specify whether you were looking for official documentation for the Philippines or the United States. In the United States, the comparable, annotated volumes of Supreme Court decisions is called US Supreme Court Reports, lawyers' edition.
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".
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
Which precedent is binding on the us district court for the southern district of new york?
second circuit and supreme court
