Circuit. It is not binding on California state courts, even though California is geographically
within the Ninth Circuit. Similarly, state courts bind only other state courts within the state.
A decision of the California Supreme Court would thus bind other California state courts, not
state courts in any other state. However, sometimes a federal court must apply a state’s law. In
that case, the state’s interpretation of that law is binding on the federal court. Therefore, a
California Supreme Court decision on a matter of California law would bind federal courts on
that state law issue. Similarly, state courts must sometimes decide issues of federal law, but they
are not bound by federal courts except the U.S. Supreme Court. A decision of the U.S. Supreme
Court, a federal court, is binding on state courts when it decides an issue of federal law, such as
Constitutional interpretation.
Hypothetical Case: Pick-Pocketing in Virginia
• The Constitutional issues are federal. The
state trial court is thus bound by the U.S.
Supreme Court’s decisions about the
Constitutional issues in your case.
• Any decisions from other federal courts
other than the U.S. Supreme Court are
persuasive authority on the federal law
issues.
• Note that if you had been accused of a
federal offense, you probably would have
appeared in a federal district court, which
would have been bound by the court of
appeals for your circuit (i.e., the Fourth
Circuit), and the U.S. Supreme Court on all
federal issues.
• The Virginia state trial court in which your
case will be heard is bound by Virginia
courts of appeal and by the Virginia
Supreme Court on all state issues. Because
the pick-pocketing law is a state law issue,
the state’s courts of appeals and state
supreme court decisions will bind the state
trial court you are in.
• All other court decisions are persuasive
authority on the state law issue—that is,
decisions from all federal courts, other
states’ state courts, and other state trial
courts in the same state.
Applying this analysis from the outset will help you to be a smarter, faster researcher and
to narrow down the body of case law at which you are looking. Knowing what the court is
bound to follow will help you to write more effective memos, motions, and briefs.
For a more detailed discussion of binding and persuasive authority at the federal level,
see the Writing Center’s handout, “Federal Law, Federal Courts, and Binding and Persuasive
Authority.” Also, for a discussion about using persuasive authority in your legal writing, see the
following handout: “When and How to use Secondary Sources and Persuasive Authority to
Research and Write Legal Documents.”
The table below displays the above principles in another form. Use your answers from Steps 1
and 2—whether the issue is state or federal and which court you are in—to find the box in the