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- From: lkk@panix.com (Larry Kolodney)
- Subject: Re: how independent are the federal circuits?
- Message-ID: <C1Js7F.Ln2@panix.com>
- Organization: The Devil's Advocate
- References: <1993Jan25.181008.22679@gtx.uucp>
- Distribution: usa
- Date: Thu, 28 Jan 1993 04:52:26 GMT
- Lines: 30
-
- In <1993Jan25.181008.22679@gtx.uucp> al@gtx.com (Alan Filipski) writes:
-
-
- >what is the effect of a circuit court of appeals decision on similar
- >cases that subsequently come to federal district courts outside of that
- >circuit? is the appellate court ruling usable as precedent in the same
- >way that a decision from inside the circuit would be, or is it somehow
- >less binding?
-
-
- Lawyers are certainly free to refer a district court judge to
- out-of-circuit cases (including those of other district courts) as
- pursuasive support for a legal position which is not clearly
- contradicted by in-circuit precedents. However the district court has
- no obligation to follow these out-of-circuit cases.
-
- As a practical matter, the main constraint on a district court judge's
- discretion is his prediction of how his own circuit court will rule on
- the issue he is deciding. Obviously if the circuit court has already
- issued a clear rule on a particular issue, the district court judge
- must follow the rule or get reversed. In the absence of an in-circuit
- precedent, however, out-of-circuit cases may (through the reasoning
- expressed in their opinions) provide the district court judge with a
- good sense of how his own circuit is likely to come out on the issue
- (or alternatively, may just convince him its the right thing to do).
- --
- larry kolodney:(lkk@panix.com)
- _(*#&)#*&%)@(*^%_!*&%^!)*+!*&$+!?&%+!*&^_)*%)*&^%#+&
- The past is not dead, it's not even past. - Wm. Faulkner
-
-