Case Law Research

Court Hierarchy

Federal

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).

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.