SpaCityHustler
Known Member
- 6/2/09
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So, for instance, because of common law stare decisis rolex would always win a case in the states hands down even though they just lost in Deutschland against ebay, or would any "creative' interpretation of case law make a difference? Does Germany have the same structure or do their courts lean toward civil law. I guess what I am asking is since they have never lost a case in the US, it is doubtful they would, correct? I'm not even sure what I just wrote makes any sense......I need to stop snorting ritalin.....
DAC - Ok, Manditory / binding authority in the US even is not that clear cut - the SCOTUS is binding on all courts state and federal, federal appellate court decisions are binding only on other federal and state courts in that district, federal trial court decisions are binding on no one. The highest court in a state (In NY the supreme ct. is actually the trial court, so be careful with the court names) is binding on the lower courts in that state, and state appellate courts are binding on state trial courts. Outside this framework the authority is merely persuasive, say between states or between federal districts, etc. Most of the rest of the world is based on Code - everything is statutory. And decisions in the US have no bearing on courts in other countries, and their decisions not on our courts (except for ruth bader-ginsberg who has began to draw international law into our courts). That is a basic synopsis, msg. me again in about 5 weeks if you want a better description...Right now I am about to rip my eyes out looking at this stuff....