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Is a US District Court decision binding on the Virginia Court of Appeals?
Technically no, because all states have autonomous jurisdiction. A US District Court decision is persuasive authority over a state court. A US District Court is a federal court, not a state court. A state supreme court decision however, is binding authority on a state appeals court level, and a trial court decision in that state would still be persuasive because its from a lower court. The decision from the Virginia Court of Appeals, however, becomes a binding authority over the state court.
Can the US Supreme Court overrule a state supreme court's decision?
Yes, the US Supreme Court has the authority to overrule a state supreme court's decision if it involves a federal law or constitutional issue.
What is the difference between mandatory authority and persuasive authority?
Simple really, Primary authority is the verbatim text of laws, case laws, etc. and mandatory authority is the laws or case laws that a particular court must follow. All mandatory authority must be primary authority, but the reverse is not always true. For example. a murder case in district court in New York state MUST follow any and all rulings or laws of New York state and any higher courts. However, a murder case in Minnesota is not required to follow New York's laws and case laws even though they are primary authority. Also a higher court is never required to follow a lower courts decision even if it is a primary authority.To break it down to brass tacks, primary authority is really just the legal term for a primary source, same as regular research. A mandatory authority is about jurisdiction and stare deices.
What evidence convinced the supreme court to affirm the decision of the Oregon supreme court?
The U.S. Supreme Court affirmed the Oregon Supreme Court's decision based on the interpretation of state law and constitutional principles. The court found that the Oregon law in question was consistent with established legal precedents and did not violate federal laws. Additionally, the justices considered the implications of the ruling on state sovereignty and the importance of upholding state legislative choices. This combination of legal reasoning and respect for state authority ultimately influenced their decision.
Can a village court override a state appeal court decision?
No. The State Court of Appeals is a superior court to that of a village court.
What authority does the supreme court over states?
The authority to overrule state courts.
Which has the greater authority U.S Supreme Court or the state Supreme Court?
U.S Supreme Court
Which court are constitutional matters between the central authority and the state government arbitrated?
Which court are constitutional matters between the central authority and the state government arbitrated in nigeria
Can the executor of an estate over ride the wishes of one of the beneficiaries?
Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.
President who disobeyed the supreme court on a court decision?
President Andrew Jackson is often cited as a president who disobeyed a Supreme Court decision. In 1832, the Court ruled in Worcester v. Georgia that the state could not impose its laws on Native American lands. Jackson reportedly responded by refusing to enforce the ruling, famously stating, "John Marshall has made his decision; now let him enforce it," highlighting the tensions between federal authority and state actions during his presidency.
How can a state be forced to follow a Supreme Court decision with which it disagrees?
Just because the state doesn't agree, if the US Supreme Court renders a decision in your favor the state must comply! There is no higher court than the US Supreme Court - the state cannot file an appeal.
What court has authority on a civil case State district court or Federal court?
99 9/10% of the time it is going to be the State court that has original jurisdiction.
