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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).
What court sets the binding precedents for federal courts?
Supreme Court
Are all federal appellate court decisions binding on every federal trial court?
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.
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 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.
What courts are bound by the federal district court for the district of Massachusetts?
None. US District Courts do not establish binding precedents.
What are the advantages and disadvantages of bookbinding machines?
advanteges and disadvanteges of book binding
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 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."
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.
What is a binding decision?
Bind or binding means to impose one or more legal duties on a person or institution. For example, the parties are bound by the terms of the contract; the courts are bound by precedents. The words to bind or binding are also used to signify that a thing is subject to an obligation, engagement or liability; to indenture; to legally obligate to serve. See below link:
