2. Binding and Persuasive Authority: Not all authority is equally persuasive. Be sure you understand the difference between binding and persuasive authority. a. Federal Law in Federal Courts United States Supreme Court decisions bind all United States Courts of Appeals and federal district courts. The Supreme Court is not bound by its own decisions, but the Court gives considerable weight to its previous decisions under the doctrine of the Court is stare decisis; reluctant to overturn its own precedent. The decision of a United States Court of Appeals binds all federal district courts within that circuit. A federal Court of Appeals decision does not bind other federal Courts of Appeals and their respective district courts, but is persuasive authority. Federal district courts decisions have some persuasive value in other federal district courts, particularly if the court or judge rendering the decision is highly regarded. b. Federal Law in State Courts United States Supreme Court decisions bind all state courts on questions of federal law. Federal appeals court and district court decisions on federal law are persuasive in state courts. Except for habeas corpus proceedings, the only federal court that can review state court decisions is the United States Supreme Court. c. State Law A state’s highest court binds both state and federal courts on state law issues. When federal courts rule on matters of state law, they look to the decisions of the state’s appellate courts for guidance. Federal court decisions on matters of state law are persuasive to state courts, but not binding.
2. Binding and Persuasive Authority: Not all authority is equally persuasive. Be sure you understand the difference between binding and persuasive authority. a. Federal Law in Federal Courts United States Supreme Court decisions bind all United States Courts of Appeals and federal district courts. The Supreme Court is not bound by its own decisions, but the Court gives considerable weight to its previous decisions under the doctrine of stare decisis; the Court is reluctant to overturn its own precedent. The decision of a United States Court of Appeals binds all federal district courts within that circuit. A federal Court of Appeals decision does not bind other federal Courts of Appeals and their respective district courts, but is persuasive authority. Federal district courts decisions have some persuasive value in other federal district courts, particularly if the court or judge rendering the decision is highly regarded. b. Federal Law in State Courts United States Supreme Court decisions bind all state courts on questions of federal law. Federal appeals court and district court decisions on federal law are persuasive in state courts. Except for habeas corpus proceedings, the only federal court that can review state court decisions is the United States Supreme Court. c. State Law A state’s highest court binds both state and federal courts on state law issues. When federal courts rule on matters of state law, they look to the decisions of the state’s appellate courts for guidance. Federal court decisions on matters of state law are persuasive to state courts, but not binding.
Moot-Court-Manual-2015-2016.docx