Which courts produce binding case law?

Prepare for the SCCJA Special Basic Test with comprehensive materials and practice quizzes including flashcards and multiple-choice questions, complete with helpful hints and explanations.

The U.S. Supreme Court and the South Carolina Supreme Court are the entities that produce binding case law. This is primarily because decisions made by these courts serve as precedents that lower courts are required to follow within their respective jurisdictions.

In the federal system, when the U.S. Supreme Court makes a ruling, it establishes binding law for all states regarding federal issues. Similarly, the South Carolina Supreme Court's rulings are binding on all lower state courts within South Carolina, ensuring uniformity in the application of the law throughout the state.

Other courts, such as state or local district courts, do not generate binding case law because their decisions are typically only authoritative within their specific jurisdictions. Hence, while they can create persuasive precedents, they are not binding on other courts. Federal courts also produce case law, but binding federal case law specifically refers to rulings from higher courts within the federal system. Thus, the U.S. Supreme Court and the South Carolina Supreme Court are uniquely positioned to create binding case law that impacts a broader range of legal proceedings.

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