Orange, NJ asked in Education Law for New Jersey

Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state

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1 Lawyer Answer
Stuart Nachbar
Stuart Nachbar
  • Livingston, NJ
  • Licensed in New Jersey

A: This question was recently asked and I posted the following: Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in their District. Attorneys raise such cases (from outside jurisdictions) to persuade the Court, but the Court is not bound by those type of decision. That is referred to as non binding secondary authority. If the similar case was within the Court's jurisdiction, then it could be used as persuasive binding authority.

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