Although court decisions with persuasive power do not constitute a binding precedent, a court may choose to rely on and follow the decisions. Cases like this one from Michigan indicate that a court can follow the decisions of another jurisdiction if the reasoning is convincing. Courts may also be guided by decisions of other jurisdictions; for example, when you decide on first-impression issues — like this one from Colorado — or issues where the state forum law isn`t clear — like this one from Utah. However, a court will not follow decisions of convincing authority if the decision violates public policy of the court of the forum. The main authority (the law) can be mandatory or persuasive, depending on whether a court decision is a persuasive authority or a mandatory authority depends on the rank and jurisdiction of the courts concerned. A decision of a lower court is a convincing authority for a higher court. Therefore, a decision of another court is a persuasive authority for the Supreme Court, as it is the highest court in the United States. In general, a decision of a court of equal rank is a convincing authority. For example, decisions of the court of first instance before the same court of first instance are not binding. A decision of a court in one jurisdiction is a convincing authority for the courts of another jurisdiction. For example, federal court decisions are not binding on state courts and vice versa, and decisions of other state courts are not binding on state courts.
Other sources that are a persuasive authority include reformulations, treatises, and jury instructions. The relevant weight that a court attaches to these other sources varies by jurisdiction. With a basic understanding of the structure of the U.S. legal system, the sources of law available, and the application of the weight of authority, you`ll be prepared to evaluate the resources you`ll find in your legal research. Jurisdiction The question of whether a decision (case) is binding or persuasive in a particular jurisdiction (state or federal) depends on the level of the court that decided it. The persuasive force that the courts must obey is called mandatory (or binding) authority. The authorities that courts can follow if they are persuaded to do so are called persuasive (or non-binding) authority. Researchers in primary vs. secondary law use two types of authority, called primary authority and secondary authority. Course-specific information and assignments can be accessed from your course`s Blackboard page.
The content of this guide comes from the work of Professor Therese Clarke Arado, who for many years has written and updated the printed basic legal research course kits for each semester. Identifying the rules that apply to a particular legal issue in your jurisdiction requires legal research. The process of legal research involves not only locating legal authorities, but also determining their importance. The courts of the State shall apply the laws and regulations of the State and follow the precedents of that State. For example, The courts of South Carolina must enforce the laws, regulations, and jurisdiction of South Carolina. If a South Carolina court has not ruled on a particular point of law, it may be persuaded by a decision of another state court. State and federal courts generally follow the judicial structure shown in the diagram below. Court decisions are not binding on any court. Intergovernmental decisions are binding on the courts of first instance listed below. The decisions of the highest court of appeal or the court of last instance are binding on both the intermediate courts of appeal and the subsequent courts of first instance. Unlike coercive authority, persuasive authority describes a source of law – primary or secondary – that has some authoritative weight, but is not binding on a court. U.S.
Supreme Court decisions are binding on federal law for all state and federal courts. The main authority is the law, which includes constitutions, laws and ordinances, rules and regulations, and jurisprudence. These authorities form the rules that the courts follow. The federal judicial system is divided into eleven numbered counties, the District of Columbia and the Federal Circuit. Decisions of the U.S. Supreme Court are binding on all federal courts of appeals and all federal district courts. The decisions of the courts of appeal of each of these counties are binding on the federal district courts (courts of first instance) within this circle. This guide is designed to be a quick reference to the selected content in your basic legal research course kit to help you review the course content and complete your assignments. Question of Federal Law For matters of federal law, federal courts apply federal laws and regulations as well as precedents of federal courts in their district.
If a federal court in a particular district has not ruled on a point of law, it may be persuaded by a decision of another federal district. The South Carolina Supreme Court is our court of last resort. Its decisions are binding on our Intermediate Court of Appeals, the South Carolina Court of Appeals, and all South Carolina courts. Decisions of the South Carolina Court of Appeals are binding only on South Carolina courts. Decisions of the South Carolina Supreme Court may be challenged in the U.S. Supreme Court if they are upheld by the certiorari order on a question of federal law. Secondary authority is not the law.