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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.
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 are examples to be followed in similar cases as they arise in lower courts or reach the supreme court?
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 important function serves the supreme court in the US federal government?
It has original jurisdiction over, and therefore the power to resolve, disputes between states. -Apex
Are there courts controlled by the US Supreme Court?
Not directly. The US Supreme Court is the highest federal appellate court in the United States. Lower courts are supposed to follow precedents set by the Court's decisions, but the Supreme Court doesn't exercise operational control over the lower courts.
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.
Decisions made by judges in the various courts and used as a guide for future decisions are called what?
They are called precedents. If the decision was made by a court with jurisdiction over a lower court, they are called binding precedents because the lower court is required to apply the same reasoning in similar cases under the doctrine of stare decisis.
Is the principle of stare decisis irrelevant to the hierarchy of courts making decisions?
No, the principle of stare decisis, which means to stand by things decided, is relevant in the hierarchy of courts. Lower courts are usually bound to follow the legal precedents set by higher courts within their jurisdiction. This helps ensure consistency and predictability in the law.
The Supreme Court serves what important function in the U.S. federal government?
It determines whether any actions by the executive and legislative branches are unconstitutional
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 powers does congress have over the federal courts?
Congress has power over the courts because it makes the laws which it must use to try a case. If the court finds the law unconstitutional, they can overturn it.
