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I read in an article "the US court of appeals", but apparently there is more than one, so I got confused.
my question is, in each of the courts of appeals, are the rulings precidents?

Like, if the third circuit ruled that something is unconstitutional, does that mean that it applies to all circuits unless they take it to a higher court?
the reason I ask is, a peer of mine got in trouble for not standing for the pledge, for his personal political beliefs.
I read that in New York, the court of appeals there ruled that that is not allowed. Does that mean it applies in Pennsylvania, too?

Sorry if my question is confusing, I didn't really know how to word it. I don't know much about the different types of courts, and how much power and jurisdiction each has.

2006-11-01 12:16:06 · 6 answers · asked by toku_kuns 2 in Politics & Government Law & Ethics

6 answers

I agree with anne_s. The federal court system - which is what applies in this case since it is a constitutional issue - is a hierachy with the US Supreme Court at the top. Then the country is divided into smaller Circuits. There are 11 circuits. Within those circuits there are Districts. The only binding cases are those issued from a higher court. However, a case decided in one circuit would not be binding on a district court in a different circuit. Otherwise, the ruling is just persuasive. Since NY is in the 2nd Circuit and PA is in the 3rd, the NY ruling wouldn't be binding on the 2nd Circuit. BUT, sometimes the US Supreme Court will agree with a circuit court's ruling but not hear the case. In that situation you might have a circuit court decision that would be binding on other courts because the Supreme Court has approved of their ruling. It is all very confusing. Even worse for state courts!!

2006-11-01 14:19:45 · answer #1 · answered by RHB 2 · 0 0

The federal court system is broken down into circuits, and each circuit comprises the federal districts within the states in that circuit. For instance, Wisconsin has two federal districts: Eastern and Western. Illinois has three districts and Indiana has two. The Seventh Circuit is the higher court for all districts in Illinois, Indiana and Wisconsin.

So if the Seventh Circuit Court of Appeals issues a ruling, that ruling will be binding precedent in all of those federal districts. It will not, however, be binding precedent in the Eastern District of Missouri, but it will be pursuasive even in Missouri.

Often there is a "circuit split" where, say, the Seventh Circuit will rule one way on an issue and the Eighth Circuit will go another way. The U.S. Supreme Court will often decide to hear cases to resolve a circuit split.

2006-11-01 12:25:30 · answer #2 · answered by anne_s 2 · 0 0

We aren't all governed by federal law. We are first governed by State law & it only becomes a federal matter if taken further. Any decision made by the the Supreme Court becomes the law of the land.

Also, federal law become pertinent when someone commits a federal crime or a crime on federal property.

I worked for Social Security & many cases were taken to the Appeals Court where a judge would make a determination which affects a several jurisdictions. For example: A class action suit would affect those areas in which the members of the suit reside.

2006-11-01 12:27:56 · answer #3 · answered by Judith 6 · 0 0

Not all court rulings apply to other courts. There are local courts, city courts, district courts, etc. Each state has different statutes and laws. But we are governed by federal law. To sort this out in your area, check with you local legal aid and ask a few basic questions. Or check with the ACLU in your area.

2006-11-01 12:19:18 · answer #4 · answered by Isis 7 · 0 0

i think the city officers have authority to act exterior the city. The County Sheriff can grant that with the help of skill of deputizing the city officers. Many undermanned county companies do this. in spite of your reluctance to be searched, you probably did finally provide permission. So, the seek replaced into criminal. you would be waiting to argue which you have been compelled to allow the seek because of the fact which you weren't being allowed to go away. yet that is going to be an iffy argument. The officers have been on a valid call a pair of available housebreaking. as quickly as there, your presence in this remoted section replaced into suspicious, so as that they inspect. They cajole you into agreeing to a seek. They discover something and you're busted. Frankly, i do no longer see something right here that would make the seek or arrest wrong. you will possibly be able to correctly be toast. . .

2016-11-26 22:46:03 · answer #5 · answered by Anonymous · 0 0

the best i can say is certian courts have certian jurisdictions. the surpreme court is an appelt court meaning it only holds cases that have previously been tried in lower courts. there are appelt and uh the other kind.

2006-11-01 12:18:13 · answer #6 · answered by ? 3 · 0 0

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