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The two highest courts, the Supreme Court (Högsta domstolen) and the Supreme Administrative Court docket (Regeringsrätten), have the suitable to set precedent which is in follow (nonetheless not formally) binding on all future application of the law.
Precedent, or case legislation, is binding on courts of the identical level or decrease, and applies provided that there isn’t any legislative statute created, or larger courtroom ruling, that overrules it. Since the U.S. legal system has a common-law system, higher court docket choices are binding on decrease courts in instances with comparable facts that raise comparable issues.
Text is on the market underneath the Creative Commons Attribution-ShareAlike License ; further phrases could apply. Based on stare decisis, all lower courts should make choices per the previous decisions of upper courts. Solely the reason for the choice of the majority can represent a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in an argument.
I bear in mind watching Good Will Looking the opposite day and I saw the place the primary character tried to argue to be let go on an assault cost attributable to a precedent that was set in a local courthouse in Boston within the 1700’s, which was based on something that really was argued in a modern day courtroom.