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Re: bcde post# 417936

Monday, 06/26/2017 3:53:10 PM

Monday, June 26, 2017 3:53:10 PM

Post# of 797209
Judges are not allowed to revisit the laws/constitutional questions if there exists a case law already.

This is not exactly an accurate statement, bcde...but is close.

Existing cases, otherwise known as "Precedent" are only binding on lower courts to rulings made by those courts higher than them.

So, appellate courts are only bound to rulings made by supreme courts, and district courts are only bound to rulings made by appellate or supreme courts.

Any rulings made on equal levels are used as persuasive law, but can be overturned if the judge feels its appropriate. So, a district court ruling can be used by a district court judge as persuasive law...but if the judge feels the ruling is bad, they can overturn it.

So no one for sure knows how these complex case laws can be used to rule.

I would say this is true in EVERY case.