2 ms·
No, that is how the system works. However, precedents can only go "downhill." From Wikipedia: "a lower court must honor findings of law made by a higher court
by qeorge 16y ago
No, that is how the system works. However, precedents can only go "downhill." From Wikipedia:
"a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears"
http://en.wikipedia.org/wiki/Stare_decisis http://en.wikipedia.org/wiki/Stare_decisis
Given, this court may not have any lower courts, in which case you'd be right - albeit for the wrong reason.
- CWuestefeld 16y agothis court may not have any lower courts, in which case you'd be right - albeit for the wrong reason. Actually, that was precisely what I was saying. It's obvious to me that a local traffic court has no lower courts below it. In addition, to be a precedent, the decision needs to be published (as I understand it, but IANAL). When you think about it, this must be true: no court can follow a precedent that cannot be discovered.