Non-publication Of Legal Opinions In The United States
Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them "unpublished", and thus not available for citation in future cases. It has been argued that non-publication helps stem the problem of too much written material creating too little new law. Specifically, the number of federal appeals filed annually grew from 23,200 to 33,360 between 1980 and 1985, and 55,000 federal appeals were filed in 2000. Conversely, studies have shown how non-publication can distort the law. Selective publication is the legal process by which a judge or justices of a court decide whether or not a decision is to be published in a repo ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Law Reports
A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Historically, the term "reporter" was used to refer to the individuals responsible for compiling, editing, and publishing these opinions. For example, the Reporter of Decisions of the Supreme Court of the United States is the person authorized to publish the Court's cases in the bound volumes of the ''United States Reports''. Today, in American English, "reporter" also refers to the books themselves. In Commonwealth English, these are described by the plural term "law reports", the title that usually appears on the covers of the periodical parts and the individual volumes. In common law jurisdictions, such as the United States, the doctrine of '' stare decisis'' ("to stand by things decided") requires courts to follow precedent by applying ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Federal Appendix
The ''Federal Appendix'' was a case law reporter published by West Publishing from 2001 to 2021. It collected judicial opinions of the United States courts of appeals that were not expressly selected or designated for publication. Such " unpublished" cases are ostensibly without value as precedent. However, the Supreme Court made a change to the Federal Rules of Appellate Procedure in 2006. Now, Rule 32.1 says that federal circuit courts are not allowed to prohibit the citation of unpublished opinions issued on or after January 1, 2007. Nevertheless, principles articulated in an opinion designated as "not for publication" are treated by the judges of that circuit as not necessarily binding on future panels hearing similar cases, nor on the district judges within the circuit. "Published" opinions of the U.S. courts of appeals appear in the ''Federal Reporter'' and are considered to be binding precedent within that circuit until and unless overruled by the court of appeals sitt ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any Californi ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
California Courts Of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.California Government Code Sections 69100-69107 The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices. Jurisdiction and responsibility ![]() [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Judicial Conference Of The United States
The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States. The Conference derives its authority from , which states that it is headed by the chief justice of the United States and consists of the chief justice, the chief judge of each court of appeals federal regional circuit, a district court judge from various federal judicial districts, and the chief judge of the United States Court of International Trade. History Responding to a backlog of cases in the federal courts, in 1922 Congress enacted a new form of court administration that advanced the institutionalization of an independent judiciary.Federal Judicial CenterJudicial Conference of the United States, 1922–. The establishment of an annual Conference of Senior Circuit Judges, later to be known as the Judici ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Leonidas Ralph Mecham
Leonidas Ralph Mecham (April 23, 1928 – March 9, 2019) was the former Director of the Administrative Office of the United States Courts, having served in that position from 1985 to 2006. He was appointed to the position by United States Chief Justice Warren Burger in July 1985. Biography Ralph Mecham was born April 23, 1928, in Murray, Utah. He obtained his B.S. degree in political science from the University of Utah (1951); a Juris Doctor degree from George Washington University (1963), and a master's degree (in public administration) from Harvard University.Statement of Sen. Hatch, ''Retirement of Leonidas Ralph Mecham'', Cong. Record., May 19, 2006, pS4794/ref>Statement of Rep. John Conyers, Jr. [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Anastasoff V
''Anastasoff v. United States'', 223 F.3d 898 (8th Cir. 2000), was a case decided by the U.S. Eighth Circuit on appeal from the U.S. District Court for the Eastern District of Missouri. It is notable for being the only case to consider the "Anastasoff issue", that is whether Article Three of the United States Constitution requires a federal court to treat unpublished opinions as precedent. The case was subsequently vacated as moot on rehearing en banc, due to the government's decision to pay the taxpayer's claim in full with interest at the statutory rate. In the final decision, the court opinion stated: Before being overturned, the ''Anastasoff'' decision was cited by multiple courts that used unpublished opinions in their decisions, such as ''United States v. Goldman'', No. 00-1276 of September 29, 2000, and ''United States v. Langmade'', No. 00-2019 of December 29, 2000. See also * Non-publication of legal opinions in the United States Non-publication of legal opini ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Federal Rules Of Appellate Procedure
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy * Federalist, a political belief or member of a political grouping * Federalization, implementation of federalism Particular governments *Government of Argentina * Government of Australia * Federal government of Brazil *Government of Canada * Cabinet of Germany *Federal government of Iraq *Government of India *Federal government of Mexico * Federal government of Nigeria *Government of Pakistan * Government of the Philippines *Government of Russia *Government of South Africa *Federal government of the United States **United States federal law **United States federal courts *Federa ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court nomination, nominated to the high court by President George W. Bush on October 31, 2005, and has served on it since January 31, 2006. After Antonin Scalia, Alito is the second Italian-American, Italian American justice to serve on the U.S. Supreme Court. Alito was raised in Hamilton Township, Mercer County, New Jersey, Hamilton Township, New Jersey, and graduated from Princeton University and Yale Law School. After law school, he worked as an assistant attorney general for the Office of Legal Counsel and served as the United States Attorney for the District of New Jersey, U.S. attorney for the District of New Jersey. In 1990, Alito was appointed as a judge on the U.S. Court of Appeals for the Third Circuit, where he served until joining th ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |