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What is the hierarchy of binding precedents within the federal court system?
Wiki User
∙ 13y ago
- 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.
Wiki User
∙ 13y ago
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The civil war was the greatest crisi of the American federal system.
What two important precedents were established for the federal government in the US?
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The doctrine of stare decisis binds judges to follow the prior decisions of?
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On which states are appeals court ruling binding?
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What is the hierarchy in ancient Egypt?
A hierarchy is the social system in ancient Egypt
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Basically how precedents relate to the hierarchy of courts is that all the lower level courts within the judicial system applies the rule of law or precedent that was created at the court above them. For example, since the privy council is the highest level in the hierarchy of courts, in fact, the court of appeal, the supreme, resident magistrate and even petty sessions courts would apply the decisions made in similar cases.
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Precedents are the decisions in cases in the PAST. These past cases are used and applied to cases in the courts to provide certainty and consistency in the system of law and justice (no matter what legal system this is regarding).
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How does the Canadian judicial system work?
The Canadian Judicial System operates on a hierarchy of courts and laws. All statutes an regulations that Provinces and Cities pass must be in accordance with the Constitution. Similarly, decisions that are made in higher courts cannot be contradicted by lower courts. Decisions made in provincial courts are not binding on other Provinces, but are influential. Provincial Court < Provincial Superior Court < Provincial Court of Appeal < Federal Court < Federal Court of Appeal < Supreme Court of Canada
Why do state judges follow precedents of federal laws?
Because in United States courts (federal) and most state courts (except Louisiana) we follow a common western legal system known as "Common Law" with bases itself on previous standing interpretations of a law (aka precedent)
