beeboah Posted September 27, 2006 Report Share Posted September 27, 2006 So when I bring up case law, is the case law useful if it is a ruling in another district court outside of my State?I see a lot of case law going around, and it seems ok to use it if its from another State, but just wanted to be sure.Thanks! Link to comment Share on other sites More sharing options...
nascar Posted September 27, 2006 Report Share Posted September 27, 2006 Case law from another State or District can be used to support your position regardless of your location. It does not however carry the same weight as case law from the same State or District. Lower courts are bound by the doctrine of stare decisis to follow the opinion of higher courts, but the doctrine does not necessarily cross geographic boundaries. U.S. Supreme Court, or course, trumps all. Link to comment Share on other sites More sharing options...
IHateCAs Posted September 27, 2006 Report Share Posted September 27, 2006 The best caselaw as nascar mentioned is from the Supreme Court.If you are in state court over state laws, the best caselaw is your own state's Supreme Ct. After that would be your state's appeals court.Supreme/Appeals Ct. cases from other states regarding a very similar issue are also helpful. Many appeals level cases I've read have cited holdings from other states appeals/supreme courts.Anyway, since you mentioned district ct, I'm assuming this is federal. Your best authority would 4th circuit or SCOTUS. Anything federal that is on point with your issue will be helpful though, especially if there are lots of holdings regarding that issue from many districts. Link to comment Share on other sites More sharing options...
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