View Single Post
Old February 28, 2016, 04:13 PM   #5
Spats McGee
Staff
 
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
I don't know what court this is out of or the style of the case, but if someone can provide that information, I can try to follow up later in the week.

As far as where it applies, here's how precedence works:
SCOTUS -- binding on everything below it on matters of federal law (Circuit Courts of Appeal and District Courts).
Circuit Courts of Appeal -- binding on everything below them in their respective circuits; persuasive in other Circuit Courts of Appeal (District Courts).
District Courts -- Persuasive in other District Courts

Now, when you get to the interplay between federal and state law, it gets a little wrinkly, but I don't think that's what we're looking at here, so I'll leave that for another day.
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
 
Page generated in 0.03531 seconds with 8 queries