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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 is the hierarchy of courts in the Judicial Branch?
One Supreme CourtThere is one Supreme Court of the United States that serves as the final appellate court for the Judicial Branch. Supreme Court decisions set binding precedents for the courts below it.Thirteen CircuitsThere are thirteen US Court of Appeals Circuit Courts that serve as intermediate appellate courts between the trial courts and the Supreme Court. Most federal appeals are resolved at the Circuit level. Twelve of the Circuits have territorial jurisdiction over specific regions of the country and the District Courts operating in those regions. The US Court of Appeals for the Federal Circuit has nationwide jurisdiction over special subject matter cases, such as appeals from the US Court of Federal Claims, and trademark and patent cases.US Court of Appeals Circuit Courts set binding precedents for the US District Courts within their territory, but their decisions are not binding on other Circuits or Districts outside their territory.Ninety-Four DistrictsThere are 94 US District Courts in the United States and its territories, all distributed amongst the federal Circuits. The District Courts are the trial courts that serve as the point of entry to the federal judiciary. District Court decisions are not binding on other courts.One Special Subject Matter CourtThere is one US Court of International Trade in New York City that functions as a trial court at the same level as the US District Courts. The USCIT has subject matter jurisdiction over customs cases and other matters related to international trade disputes.Attempt at Hierarchy Diagram1 US Supreme Court/|\13 US Court of Appeals Circuit Courts/|\94 US District Courts and 1 US Court of International Trade
Which constitutional amendments are not incorporated?
The Seventh Amendment is not incorporated, and the Third and Eighth Amendments are only partially incorporated. The Third Amendment was upheld by the Second Circuit, making the Amendment binding on Connecticut, New York and Vermont, only. The Circuit Court decision has persuasive value for the other Circuits, but does not set a binding precedent on them.The Second Amendment was recently incorporated when the US Supreme Court released its decision in McDonald v. Chicago,561 US ___ (2010) on June 28, 2010.For more information, see Related Questions, below.
After state supreme court what is next?
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state 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.
