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The doctrine operates both horizontally and vertically. Vertical stare decisis binds lower courts to strictly follow the decisions of higher courts within the same jurisdiction. [13] The Seventh Circuit Court of Appeals applying a precedent set by the U.S. Supreme Court is an example of vertical stare decisis. [13]
Held that people of African ancestry (whether free or not) were not United States Citizens, and therefore lacked standing to sue. This ruling stood as precedent until the ratification of the Fourteenth Amendment to the United States Constitution. 7–2 Georgia v. Tennessee Copper Co. 1907
A passing remark from Chief Justice Morrison R. Waite, recorded by the court reporter before oral argument, now forms the basis for the doctrine that juristic persons are entitled to protection under the Fourteenth Amendment. Whether or not Chief Justice Waite's remark constitutes binding precedent is arguable, but subsequent rulings treat it ...
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
Schwinn, a critic of the doctrine, said that "the Trump administration's efforts to close entire agencies are the clearest example of a robust unitary executive theory in practice."
The doctrine of precedent developed during the 12th and 13th centuries, [52] as the collective judicial decisions that were based in tradition, custom and precedent. [53] The form of reasoning used in common law is known as casuistry or case-based reasoning.
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like ...
This new doctrine has sometimes been referred to as "Chevron step zero". [21] Thus, for example, a regulation promulgated under the "notice and comment" provisions of § 553 of the Administrative Procedure Act would be likely to receive Chevron deference, but a letter sent by an agency, such as a US Securities and Exchange Commission (SEC) "no ...