Академический Документы
Профессиональный Документы
Культура Документы
Sources of US Law
US Constitution Branches of Government: Legislative = Statutes Executive = Executive Orders Judicial = Court Decisions *Administrative (4th branch) = Regulations
Persuasive authority
Law (primary authority) from a lower court outside of your jurisdiction All secondary authority is always persuasive. Some secondary authority is more persuasive than others (consider author and her credentials).
MANDATORY PRECEDENT V. PERSUASIVE AUTHORITY EXAMPLE: CASE LAW State: New York Federal:
Binds all lower federal courts and state courts on federal issues. Resolves splits among Circuits.
Must follow another Appellate Division that has ruled on the issue if their Appellate Division has not done so. Trial courts do not bind other trial courts.
Stare Decisis (stahr-ee di-sI-sis or stair-ee), n. [Latin to stand by things decided] (18c)
The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.
Precedent means that similar cases should be decided similarly. Lower courts are bound by the earlier decisions of higher courts- this provides predictability and consistency in the law.
trial courts
Courts of Appeal
District Courts
94 district courts bankruptcy courts court of international trade court of federal claims
Court of Appeals
Appellate Division
First Department Second Department Third Department Fourth Department
Supreme courts
Supreme courts
Other courts
Supreme Courts
Other courts
Supreme courts
Other courts
Primary Authority = the Law; created by government entities (judges, legislators, regulators) Constitutions Cases / Decisions / Common Law Statutes / Codes Administrative Regulations Uniform Laws (UCC) / Model Acts (Model Penal Code) (if enacted) Secondary Authority = explanations and commentary about the law (everything else) Legal Encyclopedias (Am Jur, CJS) ALRs (American Law Reports) Restatements (common law, black letter topics) Treatises Law Reviews (articles / student notes) Practice Materials / loose leafs / Form books Dictionaries, Blacks
Statute
Regulation
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Court
U.S. Supreme Court
Official
United States Reports = U.S.
Unofficial
1.) Supreme Court Reporter (West)= S. Ct. 2) Lawyers Edition (Lexis) = L. Ed., L. Ed. 2d 1) Federal Reporter (West) = F., F. 2d, F. 3d 1) Federal Supplement (West) = F. Supp., F. Supp. 2d
N/A N/A
case law
Federal Reporter
_
F. _ _ F.2d _ _ F.3d _
Federal Supplement
_
F. Supp. _ _ F. Supp. 2d _
Unpublished Cases
Federal Appendix
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Fed. Appx. _