For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority.

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority.

De novo review refers to the appellate court's authority to review the trial court's conclusions on questions of the application, interpretation, and construction of law.

It is a legislative institution with the authority to supplement and apply the laws of Bahá ' u ' lláh, the founder of the Bahá ' í Faith, and exercises a judicial function as the highest appellate institution in the Bahá ' í administration.

* In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws ; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court.

The Court is unanimously of opinion, that the appellate power of the Supreme Court of the United States does not extend to this Court, under a sound construction of the Constitution of the United States ; that so much of the 25th section of the act of Congress to establish the judicial courts of the United States, as extends the appellate jurisdiction of the Supreme Court to this Court, is not in pursuance of the Constitution of the United States ; that the writ of error in this cause was improvidently allowed under the authority of that act ; that the proceedings thereon in the Supreme Court were coram non judice in relation to this Court, and that obedience to its mandate be declined by the Court.

The decision of the Bench or Divisional Court is not binding, and the appellate court has full discretion to decide the case, but the Court's ruling has persuasive authority.

Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.

The Supreme Court is declared to be " the final appellate court of the State "-in other words, there is no judicial authority higher than the Supreme Court.

If the agency refuses to declassify that document, then a decision from a higher authority can be provided by the appellate panel, the Interagency Security Classification Appeals Panel ( ISCAP ).

The appellate jurisdiction of the House of Lords grew from the ancient authority of the Curia Regis, or King's Court, to hear appeals from the lower courts.

This appellate court is the successor of the Court Martial Appeal Board which was created in 1950, presided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court.

His work at statecraft included the following: the slow pacification of party strife, nonetheless with republican opposition latent and episodically expressed ; his assumption of the title Imperator ( refusing the crown, yet continuing since 49 as dictator ), with reversion of the Senate to an advisory council, and the popular comitia as a compliant legislature, although law might be made by his edicts alone ; his assumption of authority over tax and treasury, over provincial governors, and over the capital ; supreme jurisdiction ( trial and appellate ) over the continuing republican legal system, with the judex being selected among senators or equites, yet criminal courts remained corrupted by factional infighting ; supreme command over the decayed Roman army, which was reorganized and which remained under civilian control ; reform of government finance, of budgeting re income and expense, and of corn distribution ; cultivation of civil peace in Rome by control of criminal " clubs ", by new city police, and by public building projects.

Subsequently, on November 28, 2005, the United States Supreme Court partially reversed the appellate court's decision, following an appeal by the prosecution — upholding the prosecution view that the Sixth Circuit ignored a constitutionally valid state law, and thus overstepped its authority.

Discretionary review is the authority of appellate courts to decide which appeals they will consider from among the cases submitted to them.

* Acting as the appellate authority for certain classes of appeal of a regulatory or legal nature arising under the industry-wide network code.

There are procedures for post-trial review in every case, although the extent of those appellate rights depends upon the punishment imposed by the court and approved by the convening authority.

* The Supreme Court of Bhutan-highest appellate court in Bhutan, authority on interpretation of laws

Under this authority, uniform rules of practice and procedure and judicial administration have been adopted to eliminate many of the technicalities which cause delay in the trial courts, and needless reversals in the appellate courts.

The Court has the authority to overturn rulings by appellate courts () and therefore establishes case law, but only if the lower court applied the law incorrectly or the ruling lacks sufficient reasoning ; facts are no longer subject of discussion.

Then in 1875, apparently in response to the nationalizing influence of the Civil War, Congress first gave the lower federal courts general authority -- concurrently with state tribunals -- to decide cases involving federal-right questions.

In short, congressional power to grant federal-question authority to federal courts is now apparently so broad that Congress need not create, or specify, the right to be enforced.

With few exceptions, Congress has not given federal courts exclusive authority to enforce rights arising under federal law.

`` It is a much easier course to agree to let one another alone so far as ordinary patents are concerned '', said a trade authority, `` than to continue the costly effort of straightening the tangle in the courts or seeking to reform the patent system, which appears to be getting into deeper confusion every day ''.

The authority exercised by the courts had the same basis as that of the assembly: both were regarded as expressing the direct will of the people.

For example, most areas of law in most Anglo-American jurisdictions include " statutory law " enacted by a legislature, " regulatory law " promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, and common law or " case law ", i. e., decisions issued by courts ( or quasi-judicial tribunals within agencies ).

This first connotation can be further differentiated into ( a ) pure common law arising from the traditional and inherent authority of courts to define what the law is, even in absence of an underlying statute, e. g., most criminal law and procedural law before the 20th century, and even today, most of contract law and the law of torts, and ( b ) court decisions that interpret and decide the fine boundaries and distinctions in law promulgated by other bodies.

Common law systems place great weight on court decisions, which are considered " law " with the same force of law as statutes — for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, and statutes mean what courts interpret them to mean.

By contrast, in civil law jurisdictions ( the legal tradition that prevails in, or is combined with common law in, Europe and most non-Islamic, non-common law countries ), courts lack authority to act where there is no statute, and judicial precedent is given less interpretive weight ( which means that a judge deciding a given case has more freedom to interpret the text of a statute independently, and less predictably ), and scholarly literature is given more.

Decisions of one circuit court are binding on the district courts within the circuit and on the circuit court itself, but are only persuasive authority on sister circuits.

In the UK, since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify decisions of lower courts.

Since the 12th century, courts have had parallel and co-equal authority to make law -- " legislating from the bench " is a traditional and essential function of courts, which was carried over into the U. S. system as an essential component of the " judicial power " specified by Article III of the U. S. constitution.

Before 1938, the federal courts, like almost all other common law courts, decided the law on any issue where the relevant legislature ( either the U. S. Congress or state legislature, depending on the issue ), had not acted, by looking to courts in the same system, that is, other federal courts, even on issues of state law, and even where there was no express grant of authority from Congress or the Constitution.

E. g., Texas Industries v. Radcliff, ( without an express grant of statutory authority, federal courts cannot create rules of intuitive justice, for example, a right to contribution from co-conspirators ).

Later courts have limited Erie slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government.

The preliminary proceeding gives each citizen, feeling unlawfully mistreated by an authority, the possibility to object and to force a review of an administrative act without going to court.

It was this authority of the Roman censors which eventually developed into the modern meaning of " censor " and " censorship "— i. e., officials who review published material and forbid the publication of material judged to be contrary to " public morality " as the term is interpreted in a given political and social environment.

The Supreme Court granted review, and in a sweeping and unanimous decision authored by Justice Brennan, the Supreme Court held not only that states do not have authority to tax Indians on Indian reservations, but that they also lack the authority to regulate Indian activities by Indians on Indian reservations.

The Netherlands do not have a Constitutional Court and judges do not have the authority to review laws on their constitutionality.

The Court has original jurisdiction in a variety of cases, including habeas corpus proceedings, and has the authority to review all the decisions of the California Courts of Appeal, as well as an automatic appeal for cases where the death penalty has been issued by the trial court.

By extension, no person may hold a role that exercises audit, control or review authority over another, concurrently held role.

The constitutional issues in each centered or touched upon :( 1 ) " importation of intoxicants, a regulatory area where the State's authority under the Twenty-first Amendment is transparently clear ;" and ( 2 ) " purely economic matters that traditionally merit only the mildest review under the Fourteenth Amendment.

:: Example: The Code, as long interpreted, vests this Court with sole authority to review state court judgments.

2d 835, 109 S. Ct. 2180 ( 1989 ) ( Stevens, J., dissenting ) ( it would be anomalous to allow courts to sit in review of judgments entered by courts of equal, or greater, authority ( citing Rooker and Feldman )).

Without such authorization and review, episcopal conferences are deliberative only and exercise no authority over their member bishops or dioceses.

Each member has a great deal of autonomy as to their methods in their jurisdiction, subject to review by the Guardians if they feel the Green Lantern in question has abused their assigned authority.

: Changes of right of way requires a survey or review by the local surveying authority

On review in Fairfax's Devisee v. Hunter's Lessee, 11 U. S. 603 ( 1813 ), the U. S. Supreme Court disagreed with this conclusion, ruling that the treaty did in fact cover the dispute, and remanded the case back to the Virginia Supreme Court, but the Virginia court then decided that the U. S. Supreme Court did not have authority over cases originating in state court:

Certiorari (,, or ) is a type of writ seeking judicial review, recognized in U. S., Roman, English, Philippine, and other law, meaning an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.

But in all Commonwealth jurisdictions — as distinguished from its American counterpart — it has evolved into a general remedy for the correction of plain error, to bring decisions of an inferior court or tribunal or public authority before the superior court for review so that the court can determine whether to quash such decisions.

The Supreme Court did not completely give up its judiciary authority, however, because it gained the ability to review the decisions of the courts of appeals at its discretion through writ of certiorari.

He also asked the General Assembly to appropriate funds for a one-time staff buyout ; to work with him in revising budgetary and human resources rules ; to grant the Secretary-General more managerial authority and flexibility ; to strengthen the Office of Internal Oversight Services ; and " to review all mandates older than five years to see whether the activities concerned are still genuinely needed or whether the resources assigned to them can be reallocated in response to new and emerging challenges ".

Some of the significant achievements of early Muslim philosophers included the development of a strict science of citation, the isnad or " backing "; the development of a method of open inquiry to disprove claims, the ijtihad, which could be generally applied to many types of questions ( although which to apply it to is an ethical question ); the willingness to both accept and challenge authority within the same process ; recognition that science and philosophy are both subordinate to morality, and that moral choices are prior to any investigation or concern with either ; the separation of theology ( kalam ) and law ( shariah ) during the early Abbasid period, a precursor to secularism ; the distinction between religion and philosophy, marking the beginning of secular thought ; the beginning of a peer review process ; early ideas on evolution ; the beginnings of the scientific method, an important contribution to the philosophy of science ; the introduction of temporal modal logic and inductive logic ; the beginning of social philosophy, including the formulation of theories on social cohesion and social conflict ; the beginning of the philosophy of history ; the development of the philosophical novel and the concepts of empiricism and tabula rasa ; and distinguishing between essence and existence.

There was a failed attempt to create elected regional assemblies outside London in 2004 and since then the structures of regional governance — regional assemblies, regional development agencies and local authority leaders ' boards — have been subject to review.