Sunday, January 24, 2010

What statute allows a civil rule or case law in one state to be applied to a civil case in another state?

None.





Case law from one jurisdiction is not ';binding precedent'; on a court in another jurisdiction.





It can, however, be quoted as ';persuasive';, or just to illustrate how the judge developed his logic in the case.





For example... If the Law Lords (The English equivalent of the US Supreme Court) ruled on a matter on July 3rd, 1776, then that ruling is binding precedent on American courts, unless a later law has invalidated it. (And yes, many rulings going back that far or even further are still ';good law';).





If the Law Lords didn't rule until July 5th, 1776, though, then that ruling is not binding on an American court. BUT, that doesn't mean that an American judge can't read the ruling, decide ';Yes, they were right in that ruling';, and then quote it in his own ruling - he just isn't bound by it.





RichardWhat statute allows a civil rule or case law in one state to be applied to a civil case in another state?
My best guess!


Amendment 7


In Suits at common law, where the value in controversy shall exceed twenty


dollars, the right of trial by jury shall be preserved, and no fact tried by a


jury, shall be otherwise re-examined in any Court of the United States, than


according to the rules of the common law.

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