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What happens if a Supreme Court decision is not followed by lower courts?
Wiki User
∙ 14y ago
Maybe nothing. If a party to the decision appeals, the lower court could get overturned. Also, if in a subsequent case a party relies on the lower court decision, a court could choose not to follow it or a higher court could overturn it.
If the supreme court makes a ruling, lower courts are obliged to follow it. Any judge who fails to do so can find his rulings overturned. Basically, that means the losing side can go to another judge, point out that the first judge's decision contradicts the supreme court, and ask to have that decision set aside.
One of the most important factors in a judicial system is consistency - laws need to be applied in the same way everywhere they are applied.
Wiki User
∙ 14y ago
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What provides the best example of stare decisis?
the elements of a decision of the U.S. Supreme Court must be followed by the lower courts.
What statement provides the best example of stare decisi?
the elements of a decision of the U.S. Supreme Court must be followed by the lower courts.
What was the effect of the supreme courts decision in loving v Virginia?
What was the effect of the Supreme Court's decision in Loving v. Virginia
What part of a supreme courts ruling decision presents the argument in favor of the courts ruling?
majority opinion
How does the supreme court overturn a lower courts decision?
By issuing a judicial review.
What did the supreme courts decision in Marbury v. Madison establish?
Judicial Review
What is the term for the written explanation of why some judges disagree with the supreme courts decision?
Dissent
What was the impact of the supreme courts decision in Gitlow v. New York?
no one knows
What part of the supreme court decision presents the argument in opposition to the courts ruling?
Dissent
What is the term for the written explanation of why some judges disagree with supreme courts decision?
Dissent
Which part of the supreme court decision presents the argument in opposition to the courts ruling?
Dissent
What is term for the written explanation of why some judges disagree with the supreme courts decision?
Dissent
