Thread: Headway Speed
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Old 08-27-2008, 12:06 PM   #43
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Post District Court judges do not "set precedent"

Quote:
Originally Posted by Airwaves View Post
...Because of that added little bonus to the new law, a district court judge is ultimately going to rule on this, create a precedent and thereby clarify the law...
Before anyone gets the wrong idea, neither precedent nor case law is determined at the District Court level.

Precedent and case law can and is set on appeals to higher courts, however most of the boating regulations we are discussing here are merely violations and not appealable to higher court (changed a number of years ago).

Even within the same District Court, one justice's opinion on a matter does not set precedent with other judges within the same Court, or any other District Court.

Oops..one exception. A Judge is free (and often does) set personal precedent on similar cases he may have come before him under similar circumstances!
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