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Federal Law Federal Courts and Binding and Persuasive Authority

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  • What is the hierarchy of binding/persuasive primary authority?

    Hierarchy of Binding/Persuasive Primary Authority* Binding on all federal and state courts. Binding on all federal and state courts. Binding on all federal and state courts. Binding on all federal and state courts. Binding on federal district courts within the given federal judicial circuit.

  • Which court decisions are persuasive authority on the state law issue?

    All other court decisions are persuasive authority on the state law issue—that is, decisions from all federal courts, other states’ state courts, and other state trial courts in the same state. Applying this analysis from the outset will help you to be a smarter, faster researcher and to narrow down the body of case law at which you are looking.

  • Is authority from court opinions binding or persuasive?

    Authority from court opinions is either binding (mandatory) or persuasive. See, e.g., Court Opinions. To determine what case law is binding, consider what court will decide the issue and whether it is a state or federal court. Binding authority is a precedential, final decision that a court must follow. See Court Opinions.

  • Is the Supreme Court a persuasive court?

    May be persuasive for federal courts outside the given judicial circuit and for state courts. May be persuasive for other federal courts and for state courts. The U.S. Supreme Court is the only federal court whose decisions on issues of federal law are binding on state courts.


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Federal Law Federal Courts and Binding and Persuasive Authority