Can a judge ignore precedent?

Can a judge ignore precedent?

No federal judge has ever been disciplined in either manner for failure to apply precedent. While proceedings cannot be brought against a judge based on the merits of her rulings, disciplinary committees have vaguely suggested that a deliberate, flagrant, and persistent disregard of binding law may be punishable.

Is the 4 rule still valid?

Even at extremely high stock valuations, research by financial planner Michael Kitces shows that the 4% rule still holds. Using an asset allocation of 60% stocks and 40% bonds, Kitces found that the lowest safe initial withdrawal rate was 4.4%.

What is the Supreme Court rule of 4?

The “rule of four” is the Supreme Court’s practice of granting a petition for review only if there are at least four votes to do so. Under the rule, the court can grant review and hear oral argument even if a five-justice majority of the court prefers not to do so.

How does Supreme Court decide which cases to hear?

The U.S. Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case.

What two types of cases go directly to the Supreme Court?

‘Original Jurisdiction’ Under Article III, Section II of the Constitution, the Supreme Court has original and exclusive jurisdiction over rare but important cases involving disputes between the states, and/or cases involving ambassadors and other public ministers.

Does the Supreme Court hear new evidence?

The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

What type of cases can be taken to the Supreme Court?

The United States Supreme Court is a federal court, meaning in part that it can hear cases prosecuted by the U.S. government. (The Court also decides civil cases.) The Court can also hear just about any kind of state-court case, as long as it involves federal law, including the Constitution.

What does Article 32 say?

It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.

What are the 4 types of opinions?

  • Majority opinion.
  • Dissenting opinion.
  • Plurality opinion.
  • Concurring opinion.
  • Memorandum opinion.
  • Per curiam opinion.
  • Seriatim opinion.