Introduction to Law. Selecting Authority: Principles of Precedent & Stare Decisis

Transcription

1 Introduction to Law Selecting Authority: Principles of Precedent & Stare Decisis

2 Terms to remember Authority Primary = the law Secondary = things written about the law Stare Decisis = let the decision stand Precedent = previous decisions on similar questions

3 Determining whether precedent is mandatory or persuasive Federal & State Structures Federal Level of decision-making State Supreme Final Arbiter Highest Appellate (Missouri Supreme ) of Appeals Circuit (Missouri of Appeals District) District Western District of Missouri Trial Circuit/District (Jackson County Circuit )

4 Mandatory/binding precedent Based on the principle of stare decisis The court must follow its OWN decisions AND those of HIGHER COURTS IN THE SAME JURISDICTION when faced with a case that has identical facts to the one already decided. The court must also follow its own jurisdiction s enactments = statutes and statute-like materials (constitutions, court rules and administrative regulations)

5 Persuasive precedent The holdings of other courts from other jurisdictions The holdings of other lower courts in the same jurisdiction Dicta Secondary sources

6 Determining whether precedent is mandatory or persuasive Federal & State Structures Federal Level of decision-making State Supreme Final Arbiter Highest Appellate (Missouri Supreme ) of Appeals Circuit (Missouri of Appeals District) District Western District of Missouri Trial Circuit/District (Jackson County Circuit )

7 Steps to begin analysis to determine what law is binding Must ask three questions and then apply two rules... Three questions: 1. What court is my case in? 2. What law is being applied? 3. Who is the final arbiter of that law?

8 First Rule If the court and the law are the same, the question of what precedent is binding is determined by pure hierarchy within that jurisdiction, so RULE ONE: IF ON THE SAME SIDE, LOOK UP THE LINE.

9 Using the Hierarchy when court and law are the same If the court and the law are the same, then use a straight hierarchy. Decisions of the highest court are binding on that court and on all lower courts within that jurisdiction (i.e. same side, look up the line )

10 Determining whether precedent is mandatory or persuasive Federal & State Structures Federal Level of decision-making State Supreme Final Arbiter Highest Appellate (Missouri Supreme ) of Appeals Circuit (Missouri of Appeals District) District Western District of Missouri Trial Circuit/District (Jackson County Circuit )

11 Second Rule If the court and the law are not the same, then, to determine what precedent is binding, cross the line and look to the highest court in that system. So, RULE TWO: IF DIFFERENT COURT AND LAW, CROSS OVER AND GO DIRECTLY TO THE TOP.

12 Using the hierarchy when the court and the law are different When the court and the law are from different jurisdictions, then you have two possible scenarios:

13 The two scenarios 1. A federal court decision will bind a state court on issues of federal law IF the decision is from the Supreme (i.e. cross the line and go to the top ) 2. A state court* decision will bind a federal court when it is an issue of state law. *usually only the highest state court.

14 Determining whether precedent is mandatory or persuasive Federal & State Structures Federal Level of decision-making State Supreme Final Arbiter Highest Appellate (Missouri Supreme ) of Appeals Circuit (Missouri of Appeals District) District Western District of Missouri Trial Circuit/District (Jackson County Circuit )

15 Additional considerations when determining persuasive precedent: Persuasiveness Continuum Not persuasive Mandatory/ Binding

16 Additional considerations when determining precedent: Constitutional Floor of Rights The federal Constitution provides the baseline of rights. States can create more rights, but they cannot provide fewer rights than those already granted by the Constitution.

17 Determining whether precedent is mandatory or persuasive Federal & State Structures Federal Level of decision-making State Supreme Final Arbiter Highest Appellate (Missouri Supreme ) of Appeals Circuit (Missouri of Appeals District) District Western District of Missouri Trial Circuit/District (Jackson County Circuit )