Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Court Of Precedent ?

  • 25-11-2011 8:47pm
    #1
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭


    I know the High Court and Supreme Court are both Courts of Precedent , what is the position of the Circuit Court , it it too able to make Precedent's ?
    I understand the District Court is not a Court of Precedent ?


Comments

  • #2
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Delancey wrote: »
    I know the High Court and Supreme Court are both Courts of Precedent , what is the position of the Circuit Court , it it too able to make Precedent's ?
    I understand the District Court is not a Court of Precedent ?
    AFAIK any courts ruling is considered precedent but the rulings of higher courts are more binding precedent.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Certain newspapers have falsely claimed in the past that a circuit court decision has binding on all district courts.

    Only the reported decisions of the Superior courts are binding on all the lower courts.


  • #4
    Avatargh
    Registered Users, Registered Users 2 Posts: 191 ✭✭Avatargh


    Our man in Havana wrote: »
    Certain newspapers have falsely claimed in the past that a circuit court decision has binding on all district courts.

    Only the reported decisions of the Superior courts are binding on all the lower courts.

    Explain the basis of this maybe, and what you mean by "reported"?


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Avatargh wrote: »
    Explain the basis of this maybe, and what you mean by "reported"?
    Published decisions.

    If someone went to the High Court looking for an ex-parte injunction and the judge said "No, sod off" :pac: there may only be very little official paperwork involved and no detailed reasoning for the decision. It would be difficult to use such a case as a precedent.


  • #6
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Victor wrote: »
    Avatargh wrote: »
    Explain the basis of this maybe, and what you mean by "reported"?
    Published decisions.

    If someone went to the High Court looking for an ex-parte injunction and the judge said "No, sod off" :pac: there may only be very little official paperwork involved and no detailed reasoning for the decision. It would be difficult to use such a case as a precedent.

    Not all published decisions are reported decisions.


  • Advertisement
  • #7
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Equally, it is not unusual to see unreported decisions cited as precedent.


Advertisement