A decision of a state court of appeals is classified as which type of authority?

Study for the Legal Research and Writing Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A decision of a state court of appeals is classified as primary authority because it is a legal source that establishes the law within its jurisdiction. Primary authority includes statutes, regulations, court decisions, and constitutions that have binding legal effect in the relevant legal system. Since appellate court decisions interpret and apply law, they serve as official guidance for lower courts, legal practitioners, and individuals regarding their legal rights and obligations.

In contrast, secondary authority, such as legal textbooks, treatises, or articles, does not have binding legal effect but provides commentary or analysis on the law. Mandatory authority refers specifically to legal sources that must be followed by courts within the same jurisdiction, which could include decisions from higher courts, but generally, primary authority encompasses all types of legal decisions made by courts, including those from state court of appeals. Persuasive authority may include decisions from other jurisdictions or lower courts which are not binding but may influence a court's decision. Therefore, recognizing a state court of appeals decision as primary authority highlights its role as an essential part of the legal framework that guides practice and interpretation within that state.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy