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What is the hierarchy of binding precedents within the federal court system?
US Supreme Court decisions are binding on all federal courts, but are most likely to be applicable to cases heard in US District Courts or appealed to US Court of Appeals Circuit Courts. The Supreme Court's decisions are also binding on State courts if they involve constitutional amendments that have been incorporated to the states.US Court of Appeals Circuit Court decisions are binding on all US District Courts within that Circuit, but only carry persuasive precedential weight in other Circuits. The decisions are not binding on other Circuits or on any state courts. US District Court decisions are not binding on other courts, but may be cited as persuasive precedents by other courts, regardless of which Circuit the court belongs to.When US Court of Appeals Circuit Courts issue conflicting decisions on substantially similar matters (called a Circuit Split), they may induce the US Supreme Court to grant certiorari for a case that can be used to resolve or clarify the constitutional issue. The Supreme Court decision will then create a binding precedent used in deciding similar future cases.When Circuit Splits are unresolved, the individual decisions -- although conflicting -- remain binding within each Circuit, but not outside the Circuit. This raises the possibility that one or more of the other ten regional Circuits* will further complicate matters by creating a third split, resulting in inconsistent constitutional interpretations and application of law. For this reason, reviewing cases that address Circuit Splits are high on the US Supreme Court's list of priorities.* The US Court of Appeals for the Federal Circuit has special subject matter jurisdiction and is less likely to be affected by decisions made in the regional Circuits.
What type of people are tried by the US Supreme Court and how does the Supreme Court accept such cases?
The Supreme Court is the highest appellate court in the United States. It does not try cases, in the standard sense of the word, but only reviews lower court decisions. Usually, cases heard by the Supreme Court involve issues of Constitutional law or federal legislation.
Why were the decisions of the marshall court important?
Established that the principle of: the power of the government over that of the states.
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.
What is a decision made by a higher court such as a US Court of Appeals Circuit Court or the US Supreme Court that is binding on all federal courts?
A decision made by a higher court sets a binding precedent for the inferior court(s).
Are state Supreme Court decisions binding?
All court decisions are binding unless overturned by a higher court.
Can Congress override the decisions made by the Supreme Court?
No, Congress cannot override decisions made by the Supreme Court. The Supreme Court is the highest court in the United States and its decisions are final and binding.
Are superior court decisions binding on the supreme court of California?
No
Are Texas trial courts decisions binding on the Texas Supreme Court?
No. The decisions of the Texas Supreme Court are binding on trial courts in Texas. That is why it is called the Supreme Court.
Can the President legally ignore the decisions of the Supreme Court?
No, the President cannot legally ignore the decisions of the Supreme Court. The Supreme Court is the highest court in the United States and its decisions are binding on all branches of government, including the executive branch led by the President.
Are all federal appellate court decisions binding on every federal trial court?
No, that's backwards. Binding precedents are set from the top-down.US Supreme Court decisions are binding on all relevant federal (and state) courts.US Court of Appeals Circuit Court decisions are binding only on US District Courts within that Circuit.US District Court decisions are not binding on any other Courts.Non-binding precedents, including dissenting opinions, may be cited as persuasive precedents at any level, however.
Can a Supreme Court ruling be overturned by Congress?
No, a Supreme Court ruling cannot be overturned by Congress. The Supreme Court is the highest court in the United States and its decisions are final and binding. Congress does not have the authority to overturn a Supreme Court ruling.
Can a US Supreme Court decision be binding on an Indiana state court?
Yes, US Supreme Court decisions are binding on bothfederal and state courts except in cases where the ruling involves an amendment or clause of an amendment not incorporated (legally applied) to the states. For example, decisions regarding the Third Amendment currently only apply to states in the Second Circuit; decisions regarding the Seventh Amendment, Grand Jury indictments, and excessive bail or fines currently apply only to the federal government.
On which states are appeals court ruling binding?
On State Courts of Appeal - their rulings are binding on the entire states court system. On the findings of a Federal Appeals Court - they are binding upon the federal district courts within THAT appeals courts circuit.
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.
Explain the doctrine of judicial precedence in South Africa?
it is a court decisions
What affect does the supreme court's refusal to issue a writ of certiorari have on lower court's decisions?
The lower court decision from the highest court that reviewed the case becomes final and legally binding.
