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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.
What else can I help you with?
What branch of government reviews lower federal court decisions?
Appellate courts in the Judicial Branch have jurisdiction (power, authority) to review lower court decisions if the appellate court receives the case on appeal. The courts do not routinely review lower court decisions, otherwise.
The right of a court to review the decisions of a lower court is called?
Appellate jurisdicton
Are state Supreme Court decisions binding?
All court decisions are binding unless overturned by a higher court.
The doctrine of stare decisis binds judges to follow the prior decisions of?
The doctrine of stare decisis binds judges to follow precedents set by higher appellate courts under which jurisdiction the particular lower court falls.For example, in the federal court system US Supreme Court decisions create binding precedents for all US District Courts and US Court of Appeals Circuit Courts; however, Circuit Court decisions only set binding precedents for the US District Courts within their territorial jurisdiction.The exception to this is decisions of the US Court of Appeals for the Federal Circuit, which has nationwide jurisdiction (below that of the Supreme Court) over special subject-matter cases.
What court reviews decisions of lower courts and administrative agencies?
Twelve of the thirteen US Court of Appeals Circuit Courtshave appellate jurisdiction over cases heard in the 94 US District Courts. The Circuit Courts review decisions or other facets of cases that have been sent them on appeal.
What is the authority of a court to review the decisions of lower courts called?
Whatever appellate court is immediately above the trial court in that particular court system.
Who reviews court decisions?
Appellate judges typically will review court decisions. However, only certain court cases end up going through the appellate review procedures.
Who sometimes makes the decisions reached in a district court?
Appellate court
What type of court is the supreme court?
The US Supreme Court is the highest appellate court in the United States.
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.
Do most cases that begin in the state court system end up in the US appellate court?
No, very few state cases end up in the federal judicial system; in fact, the vast majority of cases are plea bargained, or resolved at the state trial or intermediate appeals level.For more information about state cases moving to federal courts, see Related Questions, below.
What does it mean when a decision in state court is persuasive in federal court?
"Persuasive precedents" are decisions that are not binding on a court hearing a similar case, but which contain compelling legal reasoning or logic that the court finds convincing (persuasive) enough to apply to the case at bar. For example, a US District Court judge may agree with a decision made in a comparable state court case, adopt the reasoning, and cite the first case in the opinion of the second case. Only appellate courts with jurisdiction over a lower court may creating binding precedents (decisions that must be followed); a court may choose to follow a non-binding precedent that doesn't conflict with a binding precedent or law. These are commonly referred to as "persuasive precedents."
