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The Range
Law & Order
Morris V. US Army Corps Of Engineers
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<blockquote data-quote="Dave70968" data-source="post: 2642176" data-attributes="member: 13624"><p>As a matter of law, the Corps is correct: the ruling <em>does</em> only apply in that court's district.</p><p></p><p>See above. Precedent is only binding within a court's jurisdiction; it may be persuasive elsewhere, but the degree of weight given to a foreign court's ruling is entirely up to the discretion of the forum court. To wit:</p><p></p><p>In this case, the district court is properly submitting to the authority of its superior appellate court (9th Circuit). The Supreme Court is superior to the circuit court, but SCOTUS hasn't given us a clear ruling on the specific limits (and likely won't), so the circuit courts get to make that decision until the high court specifically reverses a circuit court ruling.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2642176, member: 13624"] As a matter of law, the Corps is correct: the ruling [I]does[/I] only apply in that court's district. See above. Precedent is only binding within a court's jurisdiction; it may be persuasive elsewhere, but the degree of weight given to a foreign court's ruling is entirely up to the discretion of the forum court. To wit: In this case, the district court is properly submitting to the authority of its superior appellate court (9th Circuit). The Supreme Court is superior to the circuit court, but SCOTUS hasn't given us a clear ruling on the specific limits (and likely won't), so the circuit courts get to make that decision until the high court specifically reverses a circuit court ruling. [/QUOTE]
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