Systems of Law:

Mandatory and Persuasive Authority

In 1930, in Case A, the Supreme Court of your state established a common law rule. In 1956, in Case B, the Supreme Court of your state changed that rule. In your state, which case would be binding on a trial court.

A. Case A

B. Case B

Same facts as in Question 1 except that in 1981, in Case C. the Supreme Court of your state modified the rule established in Case B, adding a requirement. In your sate, which test would a trial court use?

A. The test established in Case A

B. The test established in Case B

C. The test established in Case C

Same facts as in Question 2 except in 1983 your state legislature enacted a statute that completely changed the common law rule. What is now binding on the trial court?

A. State Supreme Court 1930

B. State Supreme Court 1956

C. State Supreme Court 1981

D. State statute 1983

Same facts as in Question 3 except that in 1985, in Case D, a case involving the application of the 1983 statute, the Court of Appeals of your state gives one of the words in the statute a broad interpretation. (The word was not defined in the statute.) In applying the statute, which courts are NOT bound by the Court of Appeals' decision in Case D:

A. A trial court within the Court of Appeals' geographic jurisdiction

B. A trial court outside the Court of Appeals' geographic jurisdiction

C. The division of the Court of Appeals that decided Case D

D. A division of the Court of Appeals other than the division that decided Case D

E. Your state's Supreme Court