Mandatory v. Persuasive Authority Chart
| Court Affected By Decision | ||||||
|
Court Issuing Decision |
US Supreme |
Federal Appellate |
Federal District |
California Supreme |
California Court of Appeal |
California Superior Court |
|
US Supreme |
M |
M |
M |
M – Fed Q P – State Q |
M – Fed Q P – State Q |
M – Fed Q P – State Q |
|
Federal Appellate |
P |
P
|
M – Same circuit P – Other courts |
P |
P |
P |
|
Federal District |
P
|
P |
M – Same district P – Other courts |
P |
P |
P |
|
California Supreme Court |
M – State Q P – Fed Q |
M – State Q P – Fed Q |
M – State Q P – Fed Q |
M |
M |
M |
|
California Court of Appeal |
P* |
P - Fed Q P - State Q |
P - Fed Q M - State Q |
P |
P |
M |
|
California Superior Court |
P
|
P |
P |
P |
P |
P (M on lower specialized courts) |
Sources: http://faculty.law.lsu.edu/toddbruno/mandatory_v_persuasive.htm and Mary Whisner, Gallagher Law Library, UW
California-Specific Notes:
- Decisions of the CA Supreme Court are binding on all state courts in California. (Auto Equity Sales, Inc., 57 Cal. 2d 450, 455)
- Decisions of every division of every district of the CA Courts of Appeal are binding on all Superior Courts in California. (Auto Equity Sales, Inc., 57 Cal. 2d 450, 455)
- If appellate court decisions conflict, then the lower court must choose between the conflicting decisions. (Auto Equity Sales, Inc., 57 Cal. 2d 450, 456)
- The decision of one division or district of the CA Court of Appeal is NOT binding on another division or district (Sarti, 167 Cal. App. 4th 1187, 1193-94)
- The decision of one division is NOT binding on that same division. (see, e.g., Saucedo, 111 Cal. App. 3d 309, 315--same division of same appellate district overruled a holding it had made 2 years previously after considering criticism of that earlier holding and without any intervening change in statutory law or higher court decisions)
- For a discussion about stare decisis within California state courts, refer to Chapter 13 of Witkin California Procedure.
Secondary Source Analysis
- Cal. Prac. Guide Fed. 9th Cir. Civ. App. Prac. Ch. 8-CUse and Citation of Legal Authority
- Cal. Prac. Guide Civ. App. & Writs Ch. 14-DPrecedential Effect of Appellate Court Opinions
- 42 UCLA L. Rev. 1691Selective Publication and the Authority of Precedent in the United States Courts of Appeals
- 9 Witkin, Cal. Proc. 5th (2008) Appeal, § 497, p. 558Binding on Lower Courts and Federal Courts
- 1 Cal. Affirmative Def. § 14:62 (2d ed.)Stare decisis
- 1 California Ins. Law Dictionary & Desk Ref. § C112 (2015 ed.)Controlling Legal Authority From Appellate Courts
