Resources for Understanding Sources of Law & Types of Legal Authority
Sources of Law Hierarchy
Mandatory Authority v. Persuasive Authority
Mandatory authority when considering case law for a legal analysis are those cases from a higher court within the same jurisdiction that reasoned the same issue under the same point of law (i.e., constitutional, statutory, regulatory, common law) with facts that are either sufficiently analogous or importantly distinguishable.
U.S. Supreme Court decisions are mandatory authority when arguing in either federal or state courts on issues that arise under the U.S. Constitution or other federal laws.
In addition to the U.S. Supreme Court decisions, those of the U.S. Court of Appeals (aka U.S. Circuit Courts) are also mandatory authority when arguing in that same federal court of appeals or circuit, or in a lower federal district court within that same court of appeals or circuit, AND the decision concerns the same federal issue and point of law with facts that are either sufficiently analogous or importantly distinguishable. Decisions from outside federal jurisdictions (i.e., other U.S. circuit and district courts) are merely persuasive, even if the federal issues and points of law are the same and the facts are helpful for an analysis.
Each state's State Supreme Court decisions are mandatory authority when arguing in either federal or state courts on issues that arise under that specific state's State Constitution or other state laws.
In addition to State Supreme Court decisions, those of each state's State Court of Appeals (aka intermediate appellate courts) are also mandatory authority when arguing in that same state court of appeals, or in a lower state court within that same appellate district (e.g., Hawaii has one appellate district; California and Florida, six; Texas, fourteen), AND the decision concerns the same state issue and point of law with facts that are either sufficiently analogous or importantly distinguishable.
Persuasive authority when considering case law for a legal analysis are those cases from a higher court within an outside jurisdiction that reasoned the same issue under the same point of law (i.e., constitutional, statutory, regulatory, common law) with facts that are either sufficiently analogous or importantly distinguishable. Regardless of jurisdiction, decisions of lower state courts and federal district courts are always persuasive authority.
Sometimes to support your analysis and argument you might have to use on-point cases outside of your jurisdiction when, for instance, there is little or no mandatory authority on your issue or point of law within your jurisdiction. Before using persuasive authority, be certain that you have exhausted your search for mandatory authority. Additionally, when using a persuasive case, remember to explain its relevance as to the issue before the instant court just as you would with binding case law, e.g., other higher courts have concluded similarly, having interpreted similar statutory or regulatory language or public policy considerations, and reasoned under facts that were either sufficiently analogous or importantly distinguishable.
From a research standpoint, locating a persuasive case from an outside jurisdiction that is on-point can sometimes help you locate binding case law using the persuasive case's citing references and/or headnotes and key numbers. Using the citing references and headnotes and key numbers to expand your research beyond a starting case is discussed at Step 7 in this Guide.
United States Courts of Appeals and United States District Courts
Typical Appellate Districts of More Populous States
Chart of Mandatory and Persuasive Case Law Authority
Hawaii Court Structure
Hawai`i state courts operate within a totally integrated system. In general, court rules, procedures, and forms are consistent throughout all jurisdictions and a central administrative office assists in supervising operations statewide. The courts are funded by the state Legislature. Hawaii's court structure is typical of states with smaller populations.
