Question

When the supreme court makes a decision that establishes new law what has the court decided to do

Answer 1

c. When a court decision establishes new law, that is called "setting a precedent". a. is wrong because almost every case they hear is appeal. b. is wrong because judicial review is when the court reviews a law passed by the legislature to decide whether or not it is constitutional; the court does not make new law. d. is wrong because when the court establishes new law, it's not necessarily a civil case; precedents can be set in both civil and criminal cases.

Answer 2

Correct answer:

c. set a precedent with a landmark case

The legal term "precedent" refers to a court decision that establishes a principle or rule. The principle established by the court's decision is used in other cases after that when courts encounter other cases that pertain to similar issues or circumstances. Decisions of a higher court are binding as precedent on any lower courts in the system, so a decision made by the US Supreme Court becomes binding on lower federal courts and state courts.