I'm a fellow attorney and this is, bar none, the BEST explanation of the binding and persuasive authority system I have yet found on the internet. Well done, sir.
I am just starting a paralegal education and this series of videos was very helpful! It was explained in plain english and every term was broken down into terms I could follow. Thank you!!
I am in the Temple College Criminal Justice program in Temple, Texas. This REALLY helped me understand how I need to write my paper that is about the Pervis Tyrone Payne case. Thank you!!
Wow. That was REALLY well done!!! Now it all makes sense!!! whoa. Gonna have to take a break and let me brain digest this!!! Thanks!!! You were an excellent "brain food chef"!!! TASTY Knowledge presentation!!! :)!!! :D!!! THANK YOU FOR TAKING THE TIME TO EXPLAIN THIS!!! :)!!! :D!!!
Whats funny is that I'm studying law, these youngsters don't understand this before you put this up. I've been a lay student of law for years, and now I'm in law school and challenging my professors. And this simple understanding of local, state, and federal judicial processes eludes them until you explain it to them.
I using this as notes in my Business law case, at AAMI this is really helpful. Thank you Also that means that the Supreme court is the only court that can make a precedent binding?
Question- in your example, after SCOTUS grants cert to the DC circuit and rules that killing an endangered species- no matter the intent- is guilty, what happens to the first guy in the western district of New York who killed the wolf? Does his not guilty verdict get overturned? Or would cert have to be filed again?
fantastic explanation, tons of applauds to you, thank you. one question? will the guy from 2nd circuit who shot wild wolf be found guilty after supreme court's decision? thank you!
SO now that there is a binding decision from the Federal supreme court, What happens to the previous decision of 2nd Circuit ( Non guilty). Are the decisions changed retrospectively and are people tried again? Or visa versa if the binding decision came out as being "Not guilty" are people freed from the penalty of 9 Circuit code?
No, past judgments are not changed retroactively. But the losing party may be able to request some sort of review of the case in light of the new precedent (through an appeal, petition, or post-judgment motion), if the time for the requested review has not expired.
If the defendant is found not guilty in the district courts, is the prosecutor then barred from continuing to seek a criminal conviction in the appellate / circuit courts?
so the first one about the 2nd circuit is persuasive precedent while the last one about the DC circuit is binding precedent?? am I right about what I understood from your video?
The concept of stare decisis is much clearer now. (I wish I could draw so I could illustrate the notes I am taking while watching the videos, too). My question is: how does it work on the state level? Will there be set a precedent valuable for the whole of the state if a state supreme court rules something?
+desbonsbons Yes, state court precedent is established very similarly. But the intermediate courts are sometimes structured differently in state court systems (see my video on the State Court System). In California, for example, the holdings of the different districts of the Court of Appeal are technically binding on all of the trial courts in California. That is in contrast to how trial courts in the federal court system are only bound by circuit court holdings that come from their specific circuit.
@@billthewhitebear Well, most people here are just happy to grasp the concept of stare decicis. Your comment could have been educational but the "crap" ruins it. You are probably one of the smart kids in the class, but you are heavily disliked by your peers, because you are a prick and self-absorbed a$$hole.
@@jacobg9262 It is very important. This shows that you have actually studied in depth the source of law. Roman law is the mother source of English and Continental law
