Turtles' Lair

Not all legal authority has the same weight in a court decision. Legal authority is divided into two classifications: binding and nonbinding.

Binding: also called mandatory authority. Courts must follow and apply binding authority, even if application of binding authority would result in an unfair outcome. The court cannot dissent from a binding statute as it is written.

Nonbinding: also called persuasive authority. A court may follow and rely on it in a decision, but the court is not required to do so.

A primary authority may fall either under binding or non-binding classification. Secondary authority—unlike primary—is never binding in a deciding court. This is because secondary authorities are not actual law.

Primary Authorities

The constitution is binding in all cases, and so are federal and state statutes. Courts cannot deviate from their constitution or statutes.

Congress or a state legislature may enact statutes that replace or modify the common law or that supersede a court's prior interpretations of the law. If legislature disagrees with a court decision, legislature may enact a new statute or amend an existing one.

Federal and State courts

1. Controlling Jurisdiction Vs. Controlling law
   
   All binding or non-binding decisions are included in the controlling jurisdiction. Controlling law, however, only includes binding laws.


2. Doctrine Stare Decisis
   
   Determining whether a case is binding or non-binding is based on Stare Decisis, which means "let the decision stand." The general maxim is that similar cases ought to be similarly decided. This respect for the past promotes stability in the legal system, and helps parties and lawyers predict what conduct is lawful and unlawful.
   Stare Decisis applies only to a federal or state court's holding. It does not apply to Dictum (the judicial opinions non-essential to the decision).
   
   Note: although the U.S. Supreme court usually follows prior decisions, as a court of last resort, it may change its previous rulings.


3. Two-step approach to binding caselaw
   
   
   1. Determine the controlling laws
   
   
   2. Determine what court will make the final decision. Binding authorities differ depending on the rank of the court. There is a different binding authority over the Supreme court and a Trial court, and over a State or a Federal court.
   
   
   When state court interprets federal or federal interprets state, the authority is often murky. This can create disagreements among the courts.