Keith Mack
Judicial decisions, or case law, are an extremely important aspect of the United States legal system. Each decision has the potential to change the law, sometimes incrementally and other times dramatically. The United States is a common-law country, meaning its legal system is derived from English tradition, which dates back to 1215 when King John of England issued the Magna Carta, establishing the primacy of law and the principle that no one is above it. While case law from other states can be cited, it is only considered persuasive authority as it does not affect the laws of your state. It is important to note that the law does not develop evenly across the country, and courts below the Supreme Court may disagree on how to interpret or apply it, creating circuit splits.
| Characteristics | Values |
|---|---|
| Permissibility | It is permissible to cite case law from another state outside of the jurisdiction of a case |
| Weight | Holds less weight compared to case law from within the state |
| Use case | Appropriate when relevant case law from within the state cannot be found |
| Nature | Considered persuasive authority rather than binding authority |
| Credibility | Using case law contradicted by a case already decided in the state may undermine credibility |
| Tools | Lexis Academic, Google Scholar, state court websites |
| Common law | The United States is a common law country, with a legal system derived from English tradition |
| Appellate courts | Decisions by appellate-level courts above trial level courts are binding on lower courts |
| Circuit splits | Courts below the Supreme Court may disagree on interpreting or applying the law, creating circuit splits |
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What You'll Learn
Case law from other states holds less weight
The United States is a common law country, and its legal system is derived from English tradition, dating back to the Magna Carta in 1215. In common law systems, the law develops over time as courts review new legal disputes and decide how the law applies to them. Each time an appellate-level court issues a decision, it changes the law because other courts follow the principle of stare decisis, or "to stand by things decided". This means that lower courts are bound to the decisions of higher courts in the jurisdictional hierarchy.
However, the law does not develop evenly across the country, and courts below the Supreme Court may disagree on how to interpret or apply the law, creating "circuit splits". For example, the 2nd and 9th Circuits tend to hear the most copyright cases, so their decisions are highly persuasive on other Courts of Appeals. Nonetheless, their decisions are only mandatory authority for the lower courts within their own circuits.
When researching case law from other states, tools such as Lexis Academic and Google Scholar can be used. Lexis Academic can be searched by citation, party name, legal topic, judges, attorneys, or keywords, and it provides access to primary legal resources at the federal and state levels. Google Scholar, on the other hand, is primarily used to find academic writings, but it also provides access to case law and citation reports.
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It can be used when there is a lack of relevant case law in your state
In the United States, judicial decisions or case laws are of paramount importance as they can bring about changes in the law. The US is a common-law country, and its legal system is derived from English tradition, dating back to 1215 when King John of England issued the Magna Carta, establishing the primacy of law and the principle that no one is above it.
Case laws from other states can be used when there is a lack of relevant case law in your state. While it is permissible to cite case law from another state, it is only considered persuasive authority and not binding authority as it does not directly affect your state's laws. It is advisable to use case law from other states only when there is a dearth of relevant case law within your state. This is because citing contradictory case law from another jurisdiction could undermine your credibility in court.
When researching case law, it is important to note that modern copyright is entirely federal law, so authoritative case law can be found in federal courts. The federal court system has 13 judicial circuits, 11 of which cover various states and territories, with one covering Washington, D.C. The trial courts, where cases are first filed, are called District Courts, and the highest court in each of those circuits is the Court of Appeals. Decisions made by the Court of Appeals are mandatory authority for the lower courts within those circuits but not for other circuits.
To find case law from other states, researchers can use tools like Lexis Academic, which can be searched by citation, party name, legal topic, judges, attorneys, or keywords, and results can be narrowed by date. Another free resource is Google Scholar, which is primarily used for finding academic writings, but it also provides citation reports for the cases it covers.
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It is considered persuasive authority, not binding authority
Case law from other states can be used, but it is considered persuasive authority, not binding authority. This means that while you can refer to case law from another state, it does not have the same weight as the laws specific to your state. The US legal system is a common law system, which means that it derives from the English tradition, dating back to the Magna Carta in 1215. This established the principle of the primacy of law, and that no one is above the law.
In a common law system, the law develops over time as courts review new legal disputes and decide how the law applies to them. Each time a higher court issues a decision, it changes the law, and lower courts are bound to follow these interpretations. This is known as the principle of stare decisis, which means "to stand by things decided".
However, the law does not develop evenly across the country, and courts below the Supreme Court may disagree on how to interpret or apply the law, creating "circuit splits". For example, the 2nd and 9th Circuits hear the most copyright cases, so their decisions are highly persuasive on other Courts of Appeals. But these decisions are not binding on courts outside of those Circuits.
When using case law from other states, it is important to consider the credibility of the source. While it may be permissible to cite case law from another state, it is important to ensure that it is not contradicted by a case already decided in your state. Additionally, there are online tools available, such as Lexis Academic and Google Scholar, that can help researchers find relevant case law and understand its history and context.
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The US legal system is a common law system
The US legal system is a federalist system, with power shared between the national "federal" government and individual states. The US legal system is also a common law system, which means that it relies on case law and legal precedent to guide decisions. Common law may refer to "judge-made" law, or case law. Cases are legal determinations based on a set of particular facts involving parties with a genuine interest in the controversy.
In a common law system, it is essential to find relevant case law. Courts in common law systems are required to follow the decisions of higher-level courts within the same jurisdiction. This is known as the principle of stare decisis, which has resulted in a predictable, consistent body of law. For example, decisions made by higher courts, such as a jurisdiction's supreme court, are typically binding on lower courts in the same jurisdiction.
In the US, there are many codified statutes that courts must consider. However, even when interpreting a statute and not applying common law, prior court decisions interpreting that statute are considered precedent and are therefore binding. This is in contrast to civil law systems, where a judge's decision interpreting the text of a code is not binding in later cases involving different parties.
While the US legal system is a common law system, it is not a pure common law system. The term jurisdiction has two important meanings in American law. One refers to the formal power of a court to exercise judicial authority over a particular matter. It is permissible to cite case law from another state outside of the jurisdiction of a case, but it holds less weight and is only persuasive authority. This is because the case law has no effect on the state's laws.
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Case law can be found on Lexis Academic and Google Scholar
Case law can be found on LexisNexis Academic and Google Scholar. LexisNexis Academic provides a collection of content and tools that can be used to conduct legal research. There are three ways to search for case law within LexisNexis: by citation, party, and topic. The "Jump To" menu allows users to go straight to the case summary, which includes a procedural path, underlying facts, legal issues, court holdings, and the outcome of the case. LexisNexis also provides legal case summaries, headnotes, and treatises prepared by leading legal experts.
Google Scholar also provides access to case law. The "How Cited" feature on Google Scholar lists other cases in the database that are related to or cite a particular case. This feature also provides examples of how these other cases have dealt with a specific case. While Google Scholar is a good starting point for research, it is not considered as authoritative as subscription resources such as Shepard's Citations, KeyCite, BCite, and Bad Law Bot.
It is permissible to cite case law from another state, but it is only considered persuasive authority and holds less weight. This is because the case law from another state does not affect your state's laws. It may be appropriate to cite case law from another state if there is no relevant case law within your state. However, it is important to ensure that the case law from another state is not contradicted by a case already decided in your state, as this could undermine your credibility.
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Frequently asked questions
Yes, it is permissible to use case law from other states. However, it is only persuasive authority and holds less weight as it is not binding authority.
Lexis Academic is a database that can be searched by citation, party name, legal topic, judges, attorneys, or keyword. Google Scholar is another free resource that provides access to academic writings and case law.
If you cannot find any case law in your state, it would be appropriate to use case law from another state.
