Federal Legal Research

Chart Courtesy of Georgetown Law

California-Specific Notes:

1. Decisions of the CA Supreme Court are binding on all state courts in California. (Auto Equity Sales, Inc., 57 Cal. 2d 450, 455)
2. 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)
3. If appellate court decisions conflict, then the lower court must choose between the conflicting decisions. (Auto Equity Sales, Inc., 57 Cal. 2d 450, 456)
4. On a question of state law, the decision of an intermediate appellate court is binding on the federal courts. (Six Cos. of Calif. v. Joint Highway Dist. No. 13 of Calif. (1940) 311 U.S. 180, 61 S.Ct. 186, 188, 85 L.Ed. 114, 117; West v. American Tel. & Tel. Co. (1940) 311 U.S. 223, 61 S.Ct. 179, 183, 85 L.Ed. 139, 144.)
5. “[T]he decisions of the lower federal courts on federal questions are merely persuasive. … Where lower federal court precedents are divided or lacking, state courts must necessarily make an independent determination of federal law.” (Rohr Aircraft Corp. v. San Diego (1959) 51 Cal. 2d 759, 764, 336 P.2d 521.)
6. For a discussion about stare decisis within California state courts, refer to Chapter 13 of Witkin California Procedure.