Question

The United States Court of Appeals cited precedent in deciding to hear a case where United States Congress repeal (overturn of a previous statute) of the Voting Rights Acts conflicts with the 15th Amendment of the United States Constitution. Which case serves as precedent for the Supreme Court?

Answer 1

The american case system is based on the principle of stare decisis and the idea that the LIKE cases should be decided ALIKE. Each judge , when deciding a matter before him or her, selects the prior cases on which to rely ( No external authority designates precedents)

Now for a Prior case to be considered as a binding precedent, it must meet two requirements which are as follows:-

# As compared with the present matter before the judge, the prior case must address the same legal questions as applied to similar facts. The judge gives more emphasis to the prior case if it has a higher degree of factual similarity. Hence the degree of similarity is often a of a point of contention between parties to a litigation

# The second requirement is that the case must have been decided by the same court or a superior court within the hierarchy to which the court considers the case belongs. Each state court thus follows the precedent handed down by the supreme court and by the court of appeals in the circuit encompassing the district court. A court may consider decisions byu other , non superior courts to be persuasive precedent and follow them if they are all reasoned and if there is no binding precedent that conflicts.

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