Yes. When one state's court runs into a situation it has not dealt with before, the court will look at what other jurisdictions have done, compare the different ways it has been handled and try to find a solution that fits its own state's laws.Can a court decision (let's say, on slander) rendered in one state be cited as precedent in a trial in another
If you mean a court of one state acting as a precedent in another state, no. However, as above, a judge may look at cases from other states to see how they were ruled upon but without a precedent from his own state, he can rule as he likes. He could actually make an opposite ruling.
However, if it was a federal circuit court making the ruling on a case in one state, that ruling applies to all states that are under that particular circuit court.Can a court decision (let's say, on slander) rendered in one state be cited as precedent in a trial in another
If the issue is one of first impression in the forum state, then a case from another state can be cited only as persuasive authority, if the procedure rules allow it. Decisions of other states are never considered precedent, but may be referenced by judges when determining how to resolve an issue when no binding precedent exists.
If it was a federal court, then definitely yes.
If it was a state court interpreting a federal law, then yes as well.
If it was a state court interpreting a state law, then usually not.
Yes, it has persuasive authority in general. The court you are in does not have to follow it. If your state has decided no other case like yours, then they will favorably look to the opinion in that case. Keep in mind the opposing counsel will cite other cases from another state to support their argument as well.
Even if the state has a precedent that binds the court, you can introduce the case to convince the court that the law should be changed. If you fight it all the way to the state Supreme Court that is not bind by anything except the US Supreme Court decisions, they may take your argument and change the caselaw. It is rare, but possible.
If the state has never handled that issue before or if the state has similar case law
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment