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Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
Edition 13ISBN: 978-1133046783Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
Edition 13ISBN: 978-1133046783 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.
Explanation
Verified
Verified
All inferior courts are bound to the decision of higher court because no state's court is inferior and obligated to follow other courts' decision on an issue. The decision may be influential in nature, nevertheless, depending on the nature of the case and the particular judge hearing it.
Supreme Court is the nation's highest court, thus, decisions on an issue is binding like the decision of any court, on all inferior courts.
Supreme Court is the nation's highest court, thus, decisions on an issue is binding like the decision of any court, on all inferior courts.
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
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