Circuit Court Binding Authority

Summary

Circuit courts are not bound by lower courts within the same circuit. A California Northern District Court judgment is persuasive, not binding, on the 2nd Circuit Court. The 9th Circuit Court of Appeals covers several states but its decisions are not binding on the California Supreme Court. A personal injury claim can be filed against the truck driver and trucking company for the accident in Washington DC.

Full Conversation

Mr. Fedrid was satis ed with your work and has asked you to assist him further with some more research. Help him with the following questions: While writing an argument for the 2nd Circuit Court of Appeals based in New York, you found a California Northern District Court judgement on legal point involved. Would this judgement be persuasive or binding on the 2nd Circuit Court?
The judgment from the California Northern District Court would be considered persuasive but not binding on the 2nd Circuit Court of Appeals in New York. Persuasive authority can be used to support your argument, but the 2nd Circuit is not obligated to follow it.
Do you need any more information on how to present persuasive arguments effectively?
What are the States under the 9th Circuit US Court of Appeals’ jurisdiction?
The 9th Circuit US Court of Appeals has jurisdiction over the following states:
- Alaska
- Arizona
- California
- Hawaii
- Idaho
- Montana
- Nevada
- Oregon
- Washington
Do you need any more information on the 9th Circuit Court or any specific legal issues within these states?
Would a 9th Circuit Court of appeals (located in California) decision be binding on the California Supreme Court?
No, a 9th Circuit Court of Appeals decision is not binding on the California Supreme Court. Federal appellate decisions are persuasive authority for state courts, but they are not mandatory.
Do you have any specific legal issues or cases you need more information on?
Identify and decide the type of claim to be brought and against whom based on the following scenarios: *. A *-year old female reports that she was driving her car on 7th june, *. She had parked her BMW on 26th Street Avenue in Washington DC and was sitting in the driver’s seat. Suddenly, she was T-boned by a truck. She reports being fully seatbelt restrained and following all road safety measures. Her car was struck by the vehicle on the left rear and the collision was unavoidable. As a result, she su ered multiple injuries in her vital organs and a broken arm.
The type of claim to be brought in this scenario would be a personal injury claim against the truck driver and potentially the trucking company. Here are the key points:
- Personal Injury Claim: Based on the injuries sustained and the circumstances of the accident.
- Potential Defendants: Truck driver and the trucking company.
Would you like information on how to proceed with filing this claim?