What if there is no binding authority

Primary authority is the law , which includes constitutions, statutes and ordinances, rules and regulations, and case law. These authorities form the rules that courts follow. Secondary authority is not the law.

Secondary authorities, such as legal dictionaries and encyclopedias, books and treatises, and journal articles, explain and analyze the law and help researchers both understand and locate primary authorities. Mandatory v. Persuasive Authorities that courts must follow are called mandatory or binding authority. Authorities that courts may follow if persuaded to do so are called persuasive or non-binding authority.

Primary authority the law may be mandatory or persuasive depending upon:. State Law Issue State courts apply state statutes and regulations and follow precedent from that state. For example, South Carolina courts must apply South Carolina statutes, regulations, and case law. Please help us improve our site! No thank you. Mandatory Authority Primary tabs Mandatory authority, unlike persuasive authority , describes legal authority that is binding and must be followed.

For example, the 9th Circuit is the federal circuit court for California, and the Central District of California is the federal district court for Los Angeles. Accordingly, 9th Circuit opinions are binding in the Central District of California. State courts are typically bound by the decisions issued by the higher courts in that state. For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court.

However, California courts are not bound by the decisions of other state courts, such as Arizona. Finally, it should also be noted that state court decisions typically control on substantive issues of state law.

You may have a federal court case with a state law issue. For the substance of the state law issue, decisions of the state supreme court would be binding, even though you are in federal court. Editor in Chief A.

Michael Froomkin. Section Editors Adam N. Steinman Howard M. Campos Maureen Carroll Brooke D. Coleman Robin J. Levy Suzette M. Malveaux Roger M. Michalski Linda S. Mullenix Lumen N. Mulligan Portia Pedro James E. Pfander Fred O. Smith, Jr. Suja A. Thomas Jay Tidmarsh Steve Vladeck. Get Email Updates Enter your e-mail address:. Search Search for:. Annual Archives Select Year