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Can a court depart from precedents?
Yes.
What type of courts can make precedents?
In most legal systems, higher courts, such as supreme courts or appellate courts, have the authority to establish precedents. These precedents are binding on lower courts within the same jurisdiction, guiding future cases with similar legal issues. In some jurisdictions, administrative courts may also create precedents within their specific areas of law. However, trial courts typically do not create binding precedents, although their decisions can influence future cases.
What court sets the binding precedents for federal courts?
Supreme Court
What courts are bound by the federal district court for the district of Massachusetts?
None. US District Courts do not establish binding precedents.
Do lower courts consider Supreme Court precedents when making decisions?
Yes, if appropriate precedents exist for the case before the court. The US Supreme Court sets binding precedents, meaning lower courts are required to adhere to them (but don't always do so) under the doctrine of stare decisis (Latin: Let the decision stand).
What are examples to be followed in similar cases as they arise in lower courts or reach the supreme court?
Precedents
What law is based on operating through the use of individual cases as precedents for future decisions?
Case law is based on the precedents and and legal principles applied by other courts in previous cases.
What Decision made by judge in the various courts and used as a guide for future decisions are called what?
The decisions are called precedents. Precedents are used as a guide by future court cases with similar fact patterns.
What are all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts?
None. U. S. District Courts do not establish binding precedents.
Are precedents the final decisions?
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).
Which court supervises all other courts?
There is no court that supervises all other courts. You may be confusing supervision with the lower courts' obligation to uphold precedents set by the US Supreme Court. The Supreme Court doesn't "supervise" them, however.
What is the doctrine of precedent that states the decisions of other courts which are not binding on a judge?
There is no doctrine of non-binding precedents. Non-binding opinions that may be used as guidelines for deciding future cases are called persuasive precedents. Binding precedents are upheld under the doctrine of stare decisis (Latin: Let the decision stand).
