Lecture on Legal Authorities and Court Systems

Key Concepts

• Legal Authorities: Understanding how different types relate to one another.
• Court Systems: Role of legal authorities in court systems.

Principle of Stare Decisis

• Definition: From Latin "let the decision stand".
• Function: Courts follow past precedents.
  • A court in the same jurisdiction must follow past decisions unless overturned.
  • Ensures stable and predictable law.
  • Promotes judicial efficiency by avoiding reinvention of legal principles.

Benefits and Costs of Stare Decisis

• Benefits:
  • Stability and predictability in law.
  • Judicial efficiency by avoiding re-evaluation of established laws.
• Costs:
  • Requires intensive review of past cases as no two are exactly alike.
  • Obligates courts to follow poorly decided precedents unless overruled.

Jurisdiction and Stare Decisis

• Requirements for Stare Decisis:
  1. Same Jurisdiction: Must be from courts of the same jurisdiction (e.g., same state or federal).
  2. Higher Court Decision: Only binding if from a higher court.
  3. Published Decision: Must be published to be binding.

Types of Legal Authority

• Primary Authority:
  • Includes the law itself: cases, statutes, regulations, constitutions.
  • Mandatory within jurisdiction.
• Secondary Authority:
  • Includes commentary on the law: legal encyclopedias, treatises, law reviews.
  • Not binding; persuasive at best.

Court Structure

• Hierarchy:
  • Highest Court
  • Intermediate Appellate Court
  • Trial Courts
• Authority:
  • Higher court decisions bind lower courts within the same jurisdiction.

Federal Court System

• Structure:
  • Supreme Court
  • Circuit Courts of Appeal
  • District Courts
• Geographical Divisions:
  • Each circuit consists of multiple states.
  • Districts within states may be divided.

State Court System Example (Texas)

• Structure:
  • Texas Supreme Court (civil) and Court of Criminal Appeals (criminal)
  • Intermediate Appellate Courts divided by geographic regions.
  • Trial courts local to counties.

Conclusion

• Understanding the difference between mandatory and persuasive authorities is crucial.
• Jurisdiction plays a key role in determining the binding nature of legal decisions.
• Stare decisis ensures consistency but requires careful navigation of precedent and jurisdiction.