Asked by Andy Blackwell Uncategorized
What was the precedent of Watkins v the us?
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Who has to follow the precedent in Gideon v Wainwright?
Asked in US Constitution, US Supreme Court
What side did the Supreme Court rule in favor of and why for the Watkins vs US case?
Watkins v. United States, 354 US 178 (1957) The Court favored Watkins, determining that Congress was not unlimited and was not given authority to inquire into private and personal affairs. In the case concerned, Watkins was not given time to determine whether the questions asked of him could be refused. See the related link for the case citation.
Is court precedent mandatory or persuasive?
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.
Asked in Roe v. Wade
What case established the precedent for Roe v Wade?
The decision in Roe v. Wade, (1973) was based on the right to privacy, which was extrapolated from language in the Due Process Clause of the Fourteenth Amendment. The "privacy" precedent was set earlier in Griswold v. Connecticut, 381 US 479 (1965), which nullified laws restricting married couples' right to be counseled about the use of contraceptives.
Asked in US Supreme Court
Was the Bush v. Gore decision an exception or a precedent?
Asked in Brown v. Board of Education
Which President was overturned by Supreme Court in Brown v Board of Education?
The US Supreme Court overturned the "separate but equal" precedent established in Plessy v. Ferguson, (1896), when they declared racial segregation in public schools unconstitutional in Brown v. Board of Education, (1954). A precedent is a court decision used as a model for future decisions. In 1896, the Supreme Court decided racial segregation was constitutional under the Fourteenth Amendment, as long as African-Americans were provided equal services and facilities (which rarely happened). The courts upheld the precedent established in Plessy for nearly 60 years. Brown v. Board of Education, (1954) had nothing to do with overturning a US President, but the two words (precedent and president) are often confused.
Can another court change the decision of a supreme court?
Unless the 'other court' is a later US Supreme Court, no. A court case in the US, once decided on by the Supreme Court, cannot be appealed to any body, so the case is decided. However, the precedent set by a US Supreme court case can be changed by a later US Supreme Court case decision, as was the case when Brown v Board of Education changed the precedent set by Plessy v Ferguson.
Which was the important precedent established by Marbury v Madison?
Asked in UK Law and Legal Issues
What is an example of binding precedent in English law?
Asked in Civil Cases
What is the precedent on the case united steelworkers v weber?
The 1908 case of Muller v State of Oregon was the precedent setting in that the supreme court?
What was precedent before Gideon v. Wainwright?
The precedent followed prior to Gideon v. Wainwright, 372 US 335 (1963) was established in Betts v. Brady, 316 US 455 (1942), which held the Fourteenth Amendment Due Process Clause didn't require states to provide court-appointed counsel to indigent defendants except in death penalty cases. The Supreme Court reversed this decision in Gideon because access to counsel was necessary to protect a defendant's fundamental constitutional rights.
Asked in Plessy v. Ferguson
What precedent did the case plessy v Ferguson set?
What court case established the precedent of judicial review?
What precedent was set in Miranda v Arizona?
Asked in History of the United States
How can the northwest ordinance be seen as a precedent for the future government in the US?
Asked in Law & Legal Issues, US Constitution
How does the doctrine of precedent work?
Precedent is the concept of "stare decisis". Once the supreme court sets a precedent, it should be followed. For example, in Roe v. Wade, the supreme court ruled that abortion is legal. Because of precedent, the supreme court cannot, or should not, later rule that abortion is illegal. Precedent is binding on all lower courts. So the appellate courts cannot rule against the supreme court.
Asked in US Constitution
Which case set the precedent that verbal warnings must be given to a suspect during arrest?