5. Where the court whose decision the Supreme Court is reviewing sets aside the decision of the court, tribunal, or agency which it reviewed, we treat this as vacated; if the decision is set aside and remanded, we treat it as vacated and remanded.
Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. Stare decisis means “to stand by things decided” in Latin.
Impeccable integrity, temperament, experience, and fidelity to the Constitution are traits to look for in any judge and Coney Barrett ably demonstrates each characteristic.
Horizontal and vertical stare decisis The doctrine of stare decisis operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own prcedent, whereas a court engages in vertical stare decisis when it applies precedent from a higher court.
Precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later. Stare decisis is the doctrine that obligates courts to look to precedent when making their decisions.
Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions. In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari.
(i) It considers appeals against the verdicts of the High Courts, other courts and tribunals. (ii) It settles disputes between various government authorities, state governments, and the centre and any state government. (iii) It also hears matters which the President refers to it in its advisory role.
The Supreme Court's impact includes ways in which federal and state agencies and lower federal and state courts carry out the Court's decisions, but it also includes the ways in which the agencies and courts delay, circumvent, misunderstand, and erode them.