How to select cites?

suijuris · #1 12-07-2003, 10:02 AM

I was wondering, how does one select applicable cites when preparing court filings? What I mean is, how do we know what cites are binding upon the court we are preparing the filings for?

My understanding is the following:

<LI>Any standing supreme court finding is binding upon every court in this country.</LI>
<LI>Any standing state court finding is binding upon every court of equal or lesser status in that specific state.</LI>

Ok, so how about using cites from other states? Or in federal court, can you use cites from other districts?

Regards,
Sui Juris

#2 12-07-2003, 02:34 PM

i may be erroneous in what understanding what u are asking. but let let go on anyway. Since all States are franchises of the Federal Government, when a ruling is made about constitutional rights in one of the franchises it applies to all of the franchises. The thing thats dangerous about cites though is the supreme court has been erroneously given the power to intrepret the Constitution which in itself is a violation. The Constitution was never meant to be able to be intrepreted and whats more judges are in the judicial branch of the government but are able to "make law" on the bench by practicing&case law.That puts them directly into the legislative branch of the government. Its all a scam. Thats why u have the case in Georgia i forgot the one but its somebody vs. city of savannah in which they had the audacity to rule that the people of the states were not a party to the united states constitution only the states. &

#3 01-19-2005, 07:50 PM

This has probably been addressed somewhere, but what about Full faith and credit clause (Art IV, section 1) of the U.S. Constitution which provides that the various states must recognize judicial decisions of the other states within the United States. See Black's Law dictionary 5th edition.

Or the Fauntleroy Doctrine; see Black's law dictionary 5th ed.

Does it matter which state ruled as long as it was in a court equal to or higher than the court you are currently in?

Steve1776 · #4 05-05-2007, 06:23 PM

This has probably been addressed somewhere, but what about Full faith and credit clause (Art IV, section 1) of the U.S. Constitution which provides that the various states must recognize judicial decisions of the other states within the United States. See Black's Law dictionary 5th edition.

This means that a person can not get out of a judgement (child support payments for example) by moving to another state. It doesn't mean that the rullings of one court can overturn the rullings of another state's court or the laws of another state.

This also applies to the federal courts. The rullings of the 9th circuit court in California have no effect on Texas for example.

charlesa6 · #5 05-05-2007, 07:55 PM

Steve1776, welcome to the forum. NO!! But you can file for appeal that's all you can do.

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