Court decisions?

Question

Do you believe that the trail and circuit courts should strictly follow Supreme Court decisions: Why or why not?

Answer 1

Yes I believe that the trial and circuit courts should strictly follow Supreme Court decisions when the resolution isn't outdated or against community standards.

The doctrine of stare decisis (which mandates that under most circumstances lower courts must follow the decisions of the higher courts) establishes predictability in the outcome of cases.

For example, let's say you were civilly charged for eating a purple elephant. The purple elephant is a protected species and someone files suit against you suing for 1 million dollars. A case from the Supreme Court exists that mandates that the highest amount able to be recovered in this case is $10,000.00.

Wouldn't you, the person being sued, rather know that the lawsuit against you is not going to go through? That, if anything, you will only be paying up to $10,000.00?

I like the predictability.

Answer 2

In the US, that's the legal requirement.

IF (stressing IF), the factual situational or the legal template in the Supreme Court decision applies to the current situation.

Unlike legislators, courts only make laws (common law precedent) for a specific factual situation. Or they define a test that should be applied to the fact.

So, yes, the lower courts are required to follow the precedent if it's the same situation, or to apply the test set forth above. That doesn't mean the lower court always gets it right.

I sense some hidden meaning behind your use of the phrase "strictly follow" which makes it a subjective question, rather than a question that any first-year paralegal or law student could answer.

The bottom line is that lower courts are required to follow the higher court precedent, when that precedent is applicable. It is then up to the lower court to try to follow it correctly.

Answer 3

The lower courts have no choice but to follow the decisions of the Supreme Court, once they rule on an aspect of law - that then becomes the law.