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Why does it make sense that a supreme court decision is not permanently binding?
Wiki User
∙ 10y ago
The decision is binding for the particular case decided on by the Court. Of course the Government can change the law, and that law must be obeyed.
Wiki User
∙ 10y ago
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What is a decision made by a higher court such as a US Court of Appeals Circuit Court or the US Supreme Court that is binding on all federal courts?
A decision made by a higher court sets a binding precedent for the inferior court(s).
Is a Supreme Court decision permanent?
In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.
After state supreme court what is next?
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.
Does a decision made by Supreme Court justices have to be signed?
Not necessarily. The US Supreme Court sometimes issues per curiam opinions that are binding (on the instant case) but unsigned; however, these decisions do not set precedent for future cases.
What court sets the binding precedents for federal courts?
Supreme Court
What is a decision made by a higher court such as a US Court of Appeals Circuit Court or the US Supreme Court that is binding on all federal courts?
A decision made by a higher court sets a binding precedent for the inferior court(s).
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.
Is a Supreme Court decision permanent?
In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.
Is a decision given by a court binding on an inferior court?
The decision of the court is ALWAYS binding on everyone, unless it is appealed to a higher court which may overturn the decision.
Are Texas trial courts decisions binding on the Texas Supreme Court?
No. The decisions of the Texas Supreme Court are binding on trial courts in Texas. That is why it is called the Supreme Court.
After state supreme court what is next?
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.
What happens when the supreme court refuses to hear an appeal for a case?
When the Supreme Court refuses to hear an appeal for a case, it means that they have denied the request for review. This denial does not establish any legal binding or precedent, and the decision of the lower court stands. The denial by the Supreme Court does not provide an explanation or indicate agreement with the lower court's decision.
What affect does the supreme court's refusal to issue a writ of certiorari have on lower court's decisions?
The lower court decision from the highest court that reviewed the case becomes final and legally binding.
Are state Supreme Court decisions binding?
All court decisions are binding unless overturned by a higher court.
Are superior court decisions binding on the supreme court of California?
No
The official decision of the Supreme Court is known as what?
The official decision of the Supreme Court is known as an opinion. Rulings by the US Supreme Court cannot be appealed by a higher court.
Does a decision made by Supreme Court justices have to be signed?
Not necessarily. The US Supreme Court sometimes issues per curiam opinions that are binding (on the instant case) but unsigned; however, these decisions do not set precedent for future cases.
