Which court decisions are binding

Supreme Court: The court of last resort, or the highest court in the judicial hierarchy. The opinions of a supreme court are binding on all the courts below it Trial and Appellate. Amy E.

Sloane, Researching the Law 15 Search this Guide Search. Basic Legal Research. Welcome to Basic Legal Research! Contact us! The U. These courts hear appeals from the district courts located within their circuits, as well as appeals from decisions of federal administrative agencies and some original proceedings filed directly with the courts of appeals.

The vast majority of courts of appeals decisions are final, and they are binding on lower courts within the same circuit. In addition, federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the U. One important category is habeas corpus cases, which allege improper incarceration, and form the basis of federal appeals of death penalties imposed by state courts. Federal courts of appeals routinely handle more than 50, cases each year.

Ten percent or fewer of those decisions are appealed to the Supreme Court, which in turn hears oral arguments in fewer than cases annually. Thus, the vast majority of courts of appeals decisions are final, and they are binding on lower courts within the same circuit. A 13th appellate panel, the Court of Appeals for the Federal Circuit, is a unique court. It is based in Washington, D. The court hears appeals from the U. Court of International Trade, the U. Court of Federal Claims, and the U.

Patent and Trademark Office. Unpublished federal appellate court decisions generally lack precedential value, but may be considered by courts as persuasive.

The Federal Supplement includes both decisions selected for publication "published" and decisions not selected for publication "unpublished". Neither published nor unpublished district court decisions constitute binding precedent, but may be considered by courts as persuasive, with published district court decisions being viewed by courts as more persuasive than unpublished decisions.

Search this Guide Search. Federal Court Decisions Decisions issued by federal courts are printed in reporters. Supreme Court Reporters United States Supreme Court decisions are available in three different print reporters Bluebook citation abbreviations follow each title in parentheses : United States Reports U.

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If you continue with this browser, you may see unexpected results. Persuasive Authority Search this Guide Search. Legal Research: An Overview: Mandatory v.

Persuasive Authority. Mandatory Authority Courts are required to follow the decisions of higher courts in the same jurisdiction. The Role of Persuasive Authority While it is always best to cite to controlling authority, sometimes it can be useful to cite to non-binding cases as relevant persuasive authority.