Chat with AI
Business Law Today 10th Edition by Roger LeRoy Miller
Edition 10ISBN: 978-1133273561Business Law Today 10th Edition by Roger LeRoy Miller
Edition 10ISBN: 978-1133273561 Exercise 1
Binding versus Persuasive Authority.
A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state's courts. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court's decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain.
A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state's courts. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court's decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain.
Explanation
Verified
Verified
Binding authority:
It is the monitoring authority. The courts are bound to follow a particular source of law that is considered to be a binding authority decision making. The types of law that are binding include, in order of authority are as below:
1. U.S. Constitution
2. State Constitution
3. U.S. Supreme Court cases
4. Federal Laws
5. State Laws
6. Absolute government regulations
7. Jurisdiction court decisions
Persuasive Authority:
It is referred as first impression from the court. Persuasive authorities present when in the absence of precedents in decision making. Public policies are rules created by local, state and national government that are widely based on societal values.
The decision can be inferred with comparing binding vs. persuasive authority as shown below:
The Illinois court doesn't obligate to follow the Iowa Supreme Court's decision on the issue; however, if the Iowa Court's decision was based on a case with the same specific issue it may have persuasive weight in the Illinois court. Additionally, the Illinois court may look to the Iowa decision for precedence if the issue is the same and the circumstances are reasonably similar to the ones in the case that they are considering. In order for Illinois to consider the precedence, the decision must not violate Illinois state constitution of statutes. Alternatively, other states may have addressed the issue and decided the matter differently. All of the stare decisis in case law that is available and significant to the issue may be considered in the court's determination.
It is the monitoring authority. The courts are bound to follow a particular source of law that is considered to be a binding authority decision making. The types of law that are binding include, in order of authority are as below:
1. U.S. Constitution
2. State Constitution
3. U.S. Supreme Court cases
4. Federal Laws
5. State Laws
6. Absolute government regulations
7. Jurisdiction court decisions
Persuasive Authority:
It is referred as first impression from the court. Persuasive authorities present when in the absence of precedents in decision making. Public policies are rules created by local, state and national government that are widely based on societal values.
The decision can be inferred with comparing binding vs. persuasive authority as shown below:
The Illinois court doesn't obligate to follow the Iowa Supreme Court's decision on the issue; however, if the Iowa Court's decision was based on a case with the same specific issue it may have persuasive weight in the Illinois court. Additionally, the Illinois court may look to the Iowa decision for precedence if the issue is the same and the circumstances are reasonably similar to the ones in the case that they are considering. In order for Illinois to consider the precedence, the decision must not violate Illinois state constitution of statutes. Alternatively, other states may have addressed the issue and decided the matter differently. All of the stare decisis in case law that is available and significant to the issue may be considered in the court's determination.
Business Law Today 10th Edition by Roger LeRoy Miller
Why don’t you like this exercise?
Other Minimum 8 character and maximum 255 character
Character 255
