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1L Legal Research Primer

Stare Decisis

Stare Decisis essentially means that all courts are bound by their own earlier decisions unless reversed by a higher court or later by themselves. Binding authority comes from higher courts in the same jurisdiction. 

Court Hierarchy

Binding authority comes from higher courts within the same jurisdiction

Higher courts bind lower courts 

  • a federal Supreme Court decision is binding on all lower federal courts, both circuit courts of appeals and district courts
  • federal circuit decision is binding on all federal district courts within its circuit, but not federal courts in other circuits
  • a district court or trial court decision would not bind higher courts
  • a state’s highest court is binding on all appeals courts and trial courts in that state, but not on state courts in other states

Federal courts bind only other federal courts, not state courts

  • Federal courts do not bind state courts (unless it is a U.S. Supreme Court decision on a federal issue)
  • Every U.S. Court of Appeals is a different court regarding mandatory precedent (i.e., the 4th circuit does not bind the 9th circuit) except SCotUS
  • ALL federal courts must follow the decisions of the United States Supreme Court

 State courts bind only other state courts within the state

  • One state court cannot bind another state court or a federal court

Equal courts do not bind each other

  • Trial courts do not bind other trial courts 
  • Circuit courts cannot bind other circuit courts