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It depends on the type of law before the court in a particular state.
Usually, the decisions made by the appellate courts of other states are instructive or persuasive in making a decision, but the courts of State A are not bound in any way by the rulings of courts in States B, C, etc. In certain cases of federal legislation that have state-enforcement components or state legislation that is more or less homogeneous across the states (like the UCC), the legislation creates a higher standard for state courts ruling on an issue already adjudicated by the courts of one state, often arguing that unless a compelling reason presents itself to rule contrary to the court of a different state, to follow that ruling. However, unlike superior in-state courts, the rulings still do not completely bind the state court.
The only time (in common practice) that the law of another state is binding is when a choice-of-law clause in a contract makes clear that another state's law is the law to be applied or, similarly, when the majority of the elements of a case have a nexus with a different state than the one in which suit is brought and the court consents to use that other state's law is the law to be applied. For example, let us say that two California corporations decide when they write a contract that the contract will be governed by New York Law. Rather than fly to New York to settle a dispute, they will go to a California Court, but the California Court will apply New York Law and New York precedent because of the respect for the choice-of-law clause in the contract.
There are also circumstances where courts will say that the decisions of the courts of a different state have no useful probative value because the precedent is either from an unrelated issue or the court and legal system is just too different. This issue most commonly arises between Louisiana and other states because Louisiana has a common-civil law hybrid system as opposed to the other 49 states which have a common law system.
What else can I help you with?
Are precedents the final decisions?
Precedents are the decisions in cases in the PAST. These past cases are used and applied to cases in the courts to provide certainty and consistency in the system of law and justice (no matter what legal system this is regarding).
What are the differences between legal writing and non legal writing?
Legal writing is used to determine precedents, to set peremiters and legalize determining factors...
What is the term used for legal precedents?
"Legal Precedent" is one term; another term is "stare decisis," Latin for "let the decision stand."
What is the Supreme Court opinion?
The opinion is the Supreme Court's decision on a case, usually accompanied by a written explanation that includes the reasoning and legal precedents used.
Legal system of measurement used in Canada?
the metric system is used
Where would you find latin used today?
Some churches, medical community and the American legal system all use latin.
What is the legal term used to not overturn precedent?
The doctrine of stare decisis (Latin: Let the decision stand) encourages courts to adhere to established precedents when deciding cases.
What system of justice that you use today was based on a system used during the reign of Henry 2?
The system of justice used today that is based on the one established during the reign of Henry II is the common law system. Henry II introduced the concept of trial by jury and the use of precedents, where past judicial decisions inform current cases. This laid the groundwork for a more standardized legal framework in England, which has influenced legal systems in many countries around the world. Common law emphasizes the role of judges in interpreting law and ensuring justice based on established legal principles.
What is the legal system of measurement used in Canada?
the metric system
What Decision made by judge in the various courts and used as a guide for future decisions are called what?
The decisions are called precedents. Precedents are used as a guide by future court cases with similar fact patterns.
What is abstract of dismiss?
An abstract of dismiss is a legal document that summarizes the key points of a dismissal order issued by a court. It typically outlines the reasons for the dismissal, the parties involved, and any relevant legal precedents. This abstract serves as a concise reference for understanding the court's decision and may be used for future legal proceedings or appeals.
What are some examples of self-defense cases and how do they impact the legal system"?
Self-defense cases involve individuals using force to protect themselves from harm. Examples include a person defending against an attacker or intruder. These cases impact the legal system by raising questions about the use of force and the boundaries of self-defense. Courts must determine if the force used was justified and if the individual acted reasonably in the situation. This can influence laws and precedents related to self-defense.
