"Binding precedent" is a doctrine in the law that requires a lower court to apply the same law when presented with the same or substantially similar set of facts as in prior cases where that law was applied. The concept is to provide consistently in handling cases where the facts are the same or very similar. Trial courts are without discretion and must apply existing precedent, although judges can interpret what the right precedent is in a given case. That's why appellate courts (the first intermediate step in most court systems at least in the US) typically decide if the judge's interpretation was correct or not ("error"). Typically only the highest court in the jurisdiction has the ability to decide whether the law itself should continue to apply, or whether another law should apply. Then under our system of "federalism" the legislature, if it really doesn't like the court's decision, or feels it needs to be made more permanent, or expanded, can enact laws (statutes) that can support, or undercut, court decisions, and provide a basis for how the courts in the future are supposed to judge a given set of facts.
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).
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).
Supreme 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.
one of the disadavntge is complexity which i dont no what it means help me.
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.
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.
The doctrine of stare decisis.
US Supreme Court opinions (decisions) set binding precedents because all lower courts are required to follow the same reasoning when deciding similar cases under the doctrine of stare decisis (Latin: Let the decision stand).
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.
The principles under the doctrine of binding precedent are that the courts must use past solutions. They apply when the law is not unreasonable or inconvenient.
None. U. S. District Courts do not establish binding precedents.