Case Law Research
Court Hierarchy
Federal
- The Supreme Court of the United States (The court of last resort)
- United States Court of Appeals (Intermediate appellate court)
- A case from the United States District Court, District of Nevada can be appealed to the United States Court of Appeals for the Ninth Circuit
- Use this map to determine which circuit has federal jurisdiction over your case
- United States District Courts (Trial court; Nevada has 1 Federal District Court)
State
- All states have trial courts and the court of last resorts. Most states also have an intermediate appellate court
- Nevada has trial court (District Courts), an intermediate appellate court (Court of Appeals)*, and the court of last resort (Supreme Court of Nevada).
- In Nevada, all cases appealed from the District Courts are filed with the Supreme Court, which then may assign cases to the Court of Appeals.
- *The Supreme Court of Nevada has a webpage providing more information on the Court of Appeals and the Nevada court structure.
Primary Authority vs. Secondary Authority
Primary Authority = actual sources of law
- Constitutions, Statutes, Cases, Regulations, International treaties, local ordinances
Secondary Authority = Writing about Primary Authority
- Law review articles, treatises, ALR, legal encyclopedia, etc.
Stare Decisis (Doctrine of Precedents)
- Precedents are prior cases in your jurisdiction that are similar to your case
- A court uses precedents to rule on similar cases in its jurisdiction.
- What does this mean for a party in Nevada?
- On a question of federal law, cases from the Supreme Court of the United States are binding
- If there is no Supreme Court case on point, look for 9th Circuit cases. Cases from the other circuits are persuasive authorities.
- On a question of Nevada state law, cases from the Supreme Court of Nevada are binding
- If there is no Nevada Supreme Court case on point, look for cases from The Court of Appeals.
- On a question of federal law, cases from the Supreme Court of the United States are binding
- Last Updated: Feb 15, 2022 11:54 AM
- URL: https://law-unlv.libguides.com/caselaw
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