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Yes, state courts are generally required to follow federal precedent when making decisions, as established by the principle of stare decisis. This means that state courts must adhere to rulings made by higher federal courts, such as the U.S. Supreme Court, on similar legal issues.
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How do decisions of appellate courts have the force of laws?
When an appeal court decides a case, it issues a written opinion that sets a precedent for similar cases in the future. All lower courts in the jurisdiction where the precedent was issuesd must follow it
Which of the following best explains the principle of stare decisis, which refers to the legal doctrine of precedent where courts are generally required to follow previous decisions in similar cases?
Stare decisis is the legal principle that courts should generally follow previous decisions in similar cases. This doctrine of precedent helps ensure consistency and predictability in the legal system.
What are the Hierarchy of precedent in Tanzania?
In Tanzania, the hierarchy of precedent is structured primarily around the court system. At the top is the Supreme Court, whose decisions are binding on all lower courts. Below the Supreme Court are the Court of Appeal and High Court, which provide binding precedents for subordinate courts. Finally, the District and Primary Courts follow, where decisions can be persuasive but are not binding on higher courts.
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)
Is the federal court while making decision bound to its own previous decision?
Yes. The Federal Courts follow the doctrine of stare decisis. They will only overturn precedent if a higher court has ruled on the issue differently.Added: The above answer is correct insofar as it goes, However, if by "the federal courts" you mean to include ALL Federal Courts (to include the Supreme Court) you will find many instances of the Supreme Court reversing it's own theretofore long-standing decisions. (e.g.: Dred Scott).
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.
Which court or courts must follow a precedent in an appeals court?
All the courts that are below it. If it is a federal appeals court, that means all courts in the country excepting the Supreme Court. If it is a provincial appeals court that means all courts below it in that particular province only.
What is principle of precedent?
The principle of precedent, also known as stare decisis, is a legal doctrine that requires courts to follow established case law when making decisions in similar cases. This ensures consistency and predictability in the law, as lower courts are bound by the rulings of higher courts within the same jurisdiction. By adhering to precedent, the judicial system promotes stability and fairness, allowing individuals and entities to rely on established legal principles. However, courts can deviate from precedent if there are compelling reasons to do so, such as changes in societal values or legal interpretations.
Courts do not depart from precedents?
Lower courts do not department from precedents, they must follow the rulings of higher courts. Lateral courts have precedent that is not binding and does not have to be followed.
Does a judge follow a precedent or a statute law first?
Trial courts are required to follow the law as it is. In the US, the law is "ranked" as follows: Constitution Statute Case law Regulations Additionally, federal law "trumps" state law. So, if a court is faced with a statute and a case that are in conflict, the court must follow the statute. This is one of the ways that congress "checks" courts. If the courts make a ruling on an issue, but congress does not like the precedent, congress can enact a statute that changes the law.
Why do courts in England and Wales follow precedent?
Because this means that where precedent occurs that an offense has been dealt with in that manner previous and thus set the bench mark
What US Supreme Court case set a precedent?
Yes. All published opinions (majority, concurring, dissenting, etc.) except per curiam (unsigned opinions) may be cited as precedent. The US Supreme Court's official "opinion of the Court" (usually the majority decision) supersedes all lower court opinions, and sets binding precedent which both federal and state courts* are supposed to follow under the doctrine of stare decisis.* US Supreme Court decisions apply to state courts if they involve incorporated parts of the US Constitution, or federal laws that apply to (or within) the states.For more information, see Related Questions, below.
