what part of a case do you look at to see if the decision is primary binding authority,and good law?

Question

I have to research 3 cases about improper closing arguments from the state and what you can't do in the state of IL.I found a few cases but I don't know how to know if it's primary,binding authority.AND How do you know if it's good law?He wants us to do this but hasn't taught us how...

Answer 1

There are some good people here, but I wouldn't trust MY law school grades to Yahoo! Answers.

Answer 2

primary means a decision of an appellate court. Binding refers to hierarchy. That is, if you are in a state court, the binding authority would be the state court of appeals for your area, the state supreme court or the U.S. Supreme Court, (the u.s. court is only binding on issues of federal and constitutional law). Other courts are persuasive but not binding. To see if it is still good law, ask your librarian to show you how to use Shepards to see if the decision you found has been overturned or contradicted by higher authority. If using electronic research, look for the button for subsequent treatment.

Answer 3

Wow, you should have been taught that in the FIRST WEEK of classes. Binding authority comes from the jurisdiction that you are trying the case in. If you are in IL, and trying it in State Court, then you look to the IL courts of appeals and Supreme Court. The trail court is not binding, only persuasive. Statutes in Illinois are also binding. If you are in IL but trying the case in federal court, look to your Fed. Circuit Ct. of Appeals and the US Supreme Court for binding authority. Federal statutes and Rules of Procedure are binding.
ANYTHING OUTSIDE OF THAT IS PERSUASIVE AUTHORITY.
Now, to be binding means that the court MUST follow it. If it is binding authority then it is Primary Authority. Secondary Authority is ALWAYS persuasive, BUT primary authority may be persuasive. Primary Authorities are constitutions, statutes, and decisions from courts of any jurisdiction. Secondary Authorities are things like Law Review articles, magazines, lectures, etc.

Answer 4

when researching a state statue always look in the pocket part to see if this case has been turned over by the supreme ct, or if other similar cases were upheld by the state supreme ct,or the U,S, supreme ct, I usually start my research with blacks,