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

To see if a case has been overruled or overtaken by legislation or other "events" you Shepardize it. Any law library -- county law library or university law library -- can help you, showing you how to use Shepards. Or you can do it online with LexisNexis or Westlaw (the latter has its own proprietary equivalent, Keycite).

As a practical matter, one would look at a procedure treatise to see what is current practice. You can look up the cited cases in the index of cases, then read the relevant pages in the treatise. Treatises are published for many states and for federal practice (Moore's).

You can't look at any particular "part of a case". The holding (and dicta) of a case may not be obvious to the non-lawyer. In the West (and Westlaw) version of a case, the key numbered holdings listed at the start of the published case will guide you. These are unofficial, but still reliable, indicators of the holding of a case.

Answer 2

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Answer 3

The dispositive portion of the case narrates the arguments for the decision and it is the executory part of the case.

Answer 4

Andy has it exactly right. Follow his advice.