Replies to post #351227 on Fannie Mae-No Politics (FNMA)

[whipstick]

because he was citing support for his case not citing a direct dismissal of the case in question which is the point you seem to be missing on purpose?

[rekcusdo]

Last I checked, Hamish Hume is not the appellate court judge.

He was citing support for his case. Since NO PRECEDENT EXISTS, he was citing whatever he could.

You seem to have confused a lawyers job with an appellate court judges job.

[rekcusdo]

In going to make this as clear as possible for you.

Stare Decisis is the idea that courts must respect prior rulings. There are two types of Stare Decisis...Vertical and Horizontal.

In Horizontal Stare Decisis, courts of the same level must respect rulings of that same level. That is Superior Court to Superior Court and Appellate Court to Appellate Court.

In Vertical Stare Decisis, inferior courts must respect rulings of superiority. That is Superior Court to Appellate Court or Appellate Court to Supreme Court.

Under NO theory does a superior court rely on an inferior court decision. However, the appellate court may hear persuasive arguments by lawyers of inferior court decisions.

Hopefully this helped to qualm your obvious confusion.