| Topic: |
Sociology > Education |
| User: |
"" |
| Date: |
25 Sep 2003 02:57:07 PM |
| Object: |
Re: Moore rights |
(StNeel) wrote:
:|>From: "Smitty Jagermanjenson"
:|
:|>No, the state of Alabama has no right or even a duty to make any religious
:|>laws.
:|
:|OK - now quote your legal basis for that statement. Quote what law states what
:|you claim.
:|
:|Remember some law rules however
:|
:|1 Prior cases, precedents, are only guildlines and are not binding. Every court
:|is interested in only the circumstances of one case.
If it is a superior court it is binding.
Superior meaning state court of appeals is superior to a state district
court. A state superme court is superior to the state court of appeals.
All federal courts are superior to state courts except in a very few rare
instances.
.
|
|
| User: "" |
|
| Title: Re: Moore rights |
26 Sep 2003 09:21:14 AM |
|
|
(StNeel) wrote:
:|>From:
:|
:|& StNeel
:|
:|>>:|1 Prior cases, precedents, are only guildlines and are not binding.
:|
:|>If it is a superior court it is binding.
:|>Superior meaning state court of appeals is superior to a state district
:|>court. A state superme court is superior to the state court of appeals.
:|
:|Hmmm - the answer here is I said prior cases (older cases already settled) are
:|guildlines only.
Any case no matter how old it might be is law unless it has been
overturned, reversed, etc. Every once inwhile you will hear of a
enterprising lawyer who will do some serious legal research and find some
case that is ancient yet still "good law," and will win his case on that
old case that might be 50, 100, 150 or more years old.
BTW, ever hear of shepardizing?
:|If a superior court (as appeals) hears a case - it it the same
:|case that the lower court considered. Then it is binding of course.
Here, you been given this before but you seem to keep forgetting it:
The Nature of legal Authority
Legal authority is any published source of law setting forth legal rules,
legal doctrine, or legal reasoning that can be used as a basis for
legal decisions.
When the term is used to describe types of information, legal authority
can be categorized as PRIMARY or SECONDARY. Primary authorities are
authorized statements of the law by governmental institutions (it is the
law)
Secondary authorities are statements ABOUT the law, and is not the law,
per se.
SOURCE OF INFORMATION: Fundamentals of Legal Research, 5th Edition, J.
Myron Jacobstein, Roy M. Mersky, University Textbook Series.
--------------------------------------------------------------------------
(1) Type of Primary Authority
(2) When and Where Mandatory
(3)When and Where Persuasive
___________________________________________________________ _____________
(1) U.S. Constitution
(2) Always mandatory on all federal and state courts (and Local courts)
(3) N/A
____________________________________________________________
(1) U.S. Supreme Court decision interpreting and applying federal law
(2) Always mandatory on all federal and state courts (and local courts)
(3)N/A
___________________________________________________________
(1) Federal statute*
(2) Always mandatory on all federal and state courts (and local courts)
(3)N/A
___________________________________________________________
(1) Federal administrative regulation**
(2) Always mandatory on all federal and state courts (and local courts)
(3) N/A
______________________________________________________________
(1) U.S. Court of Appeals decision Interpreting and applying federal law
(2) Always mandatory on federal courts within the jurisdictional
boundaries of the Court of Appeals issuing the decision
(3) May be regarded as persuasive by federal and state courts that
do not need to treat the decision as mandatory (would apply as well to
local courts)
________________________________________________________________
(1) U.S. District Court decision interpreting and applying federal
law
(2) Always mandatory on specialized lower federal courts, if any,
within the jurisdictional boundaries of the District Court issuing
the decision and over which the District Court has appellate
jurisdiction
(3) May be regarded as persuasive by federal and state courts that
do not need to treat the decision as mandatory (would apply to local
courts as well)
_________________________________________________________________
(1) State constitution***
(2) Always mandatory on all state courts within the given state (and local
courts)
(3) N/A
_________________________________________________________________
(1) Decision of a state's highest court interpreting and applying
that state's law***
(2) Always mandatory on all lower state courts within the given
state (and local courts)
(3) May be regarded as persuasive by federal and state courts
that do not need to treat the decision as mandatory
___________________________________________________________________
(1) Decision of a state's intermediate appellate court interpreting
and applying that state's law
(2)Always mandatory on all lower state courts within the jurisdictional
boundaries of the intermediate appellate court issuing the decision; (and
local courts)
in some states, may also be mandatory on lower state courts outside
those jurisdictional boundaries (and local courts)
(3) May be regarded as persuasive by federal and state courts that
do not need to treat the decision as mandatory
____________________________________________________________________
(1) State statute#
(2) Always mandatory on all state courts within the given state (and local
courts)
(3) N/A
_____________________________________________________________________
(1) State administrative regulation##
(2) Always mandatory on all state courts within the given state (and local
courts)
(3) N/A
_____________________________________________________________________
The additional comments in the following footnotes bear only on the
validity of the authority, not on its mandatory or persuasive character:
* Assuming there is no conflict with the U.S. Constitution
** Assuming there is no conflict with the U.S. Constitution or a federal
statute
***Assuming there is no conflict with the U.S. Constitution, a federal
statute, or federal administrative law
# Assuming there is no conflict with the U.S. Constitution, a federal
statute, federal administrative law, or that state's constitution
## Assuming there is no conflict with the U.S. Constitution, a federal
statute, federal administrative law, that state's constitution, Or
any of that state's statutes
Source:
THE LEGAL RESEARCH MANUAL, A Game Plan For Legal Research and Analysis, By
Christopher G. Wren & Jill Robinson Wren, Pages 42-43
===========================================================
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