With a basic understanding of the structure of the U.S. legal system, available sources of law, and the application of the weight of authority, you`ll be prepared to evaluate the resources you`ll find in your legal research. There are different types of primary sources of authority. The most important are: The mandatory and persuasive powers that courts must respect are called mandatory (or binding) powers. The authorities that the courts can follow if they are persuaded to do so are called persuasive (or non-binding) authority. Court level Whether a decision (case) in a particular jurisdiction (state or federal) is mandatory or persuasive depends on the level of the court that decided it. State courts apply state laws and regulations and follow state precedents. For example, South Carolina courts must apply South Carolina laws, regulations, and jurisprudence. 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. Courts decide disputes by first determining the facts of a case and then applying the law to those facts to make a decision. When you present a case in court, you need to do 4 things: The judiciary is a law based on court decisions and not laws based on constitutions, statutes or regulations. Case law concerns single disputes that are settled by the courts on the basis of the concrete facts of a case. In contrast, laws and regulations are written in an abstract manner.
The main authority is the set of rules or laws that bind courts, governments and individuals. The purpose of legal research is to find support in the law (judicial authorities) for the legal arguments you want to put forward in order to win your case. The secondary authority explains and analyzes the law. Most secondary legal authorities have many quotes about primary authorities such as cases, laws, and regulations. The secondary authority does not have a binding effect on the court, but helps explain what the law is or should be. Identifying the rules that apply to a particular legal issue in your jurisdiction requires legal research. The legal research process involves not only finding legal authorities, but also determining their importance. Primary vs. primary Secondary legal researchers use two types of authority called primary authority and secondary authority.
Secondary authority is not the law. Secondary authorities such as legal dictionaries and encyclopedias, books and treatises, and journal articles explain and analyze the law and help researchers understand and locate primary authorities. The main authority is the law, which includes constitutions, statutes and ordinances, rules and regulations, and jurisprudence. These powers form the rules that the courts follow. Case law, which is also used interchangeably with the common law, refers to the set of precedents and powers established by previous court decisions on a particular subject or issue. In this sense, the case law differs from one jurisdiction to another. For example, a case in New York would not be decided with the California jurisdiction. Instead, New York courts will analyze the issue based on binding precedents. If there are no previous decisions on the matter, New York courts could review precedents from another jurisdiction, which would be more of a persuasive authority than a binding authority. Other factors, such as the age of the decision and the proximity of the facts, influence the authority of a particular case at common law. Federalism also plays an important role in determining the jurisdictional authority of a particular court. In fact, each county has its own binding jurisprudence.
Therefore, a judgment rendered in the Ninth Circuit is not binding in the Second Circuit, but has persuasive power. However, U.S. Supreme Court decisions are binding on all federal and state courts on constitutional and federal law matters. Federal law For matters of federal law, federal courts apply federal laws and regulations, as well as precedents set by federal courts in their circle. If a federal court in one county has not ruled on a point of law, it may be persuaded by a decision of another federal county. Primary authority (the law) can be mandatory or persuasive, depending on: There are many types of secondary authority. Some of them are: State and federal courts generally follow the judicial structure shown in the diagram below. Court decisions are not binding on any court.
Interlocutory decisions of the Court of Appeal are binding on subsequent courts of first instance. Decisions of the highest court of appeal or the court of last instance are binding on both interlocutory courts and courts of first instance. Some course 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 has been writing and updating the printed basic legal research course packages for each semester for many years. The federal court system is divided into eleven numbered circles, the District of Columbia and the Federal Circuit. U.S. Supreme Court decisions are binding on all federal appellate courts and all federal district courts. The decisions of the appellate courts of each of these districts are binding on the federal district courts (trial courts) of that district. This guide is intended as a quick reference to selected content from your core legal research course package to help you review the course content and complete your assignments. U.S. Supreme Court decisions are binding on federal law for all state and federal courts. 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 trial courts. Decisions of the South Carolina Court of Appeals are binding only on South Carolina trial courts. Decisions of the South Carolina Supreme Court may be appealed to the U.S. Supreme Court if they are passed by writ of certiorari on a question of federal law.
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