1. 4 CHAPTER 4: APPLICATION OF LAW

2. Using Case Law Court Hierarchy

3. Part One: The Court Structure

4. Federal Court Hierarchy United States Supreme Court United States Court of Appeals United States District Court

5. New York Court Hierarchy New York Court of Appeals Appellate Division Appellate Term NY Supreme Court NYC Crim or Civil Court

6. Part Two: Understanding Precedent

7. Making A Decision In order to make a decision, the court must follow the law: Constitutional law Statutory law Administrative law Case law from a court decision

8. Making a Decision Past case law is precedent

9. Making a Decision A court when using court decisions to make a current court decision looks at past case law from various courts. … It is well settled that police officers, in order to legally forcibly stop and seize an individual, must have articulable, reasonable suspicion that the individual was involved in criminal activity (see People v DeBour, 40 NY2d 210, 223 [1976]; People v McNair, 36 AD3d 1073, 1074 [2007], lv. denied 9 NY3d 847 [2007]). A seizure occurs when there is “a significant interruption with an individual’s liberty of movement” (People v DeBour, 40 NY2d at 216; see People v Ocasio, 85 NY2d 982, 984 [1995]).

10. Making a Decision Not all courts are the same or equal. New York Court of Appeals Appellate Division Appellate Term NY Supreme Court NYC Crim or Civil Court

11. What Is The Value Of That Court Decision? Every court decision does two things: 1)It binds both parties to the decisions. That is, both parties must follow that decision 2)It sets a precedent It creates a decision that other court must either follow or think about.

12. (1) It Binds Both Parties To The Decisions. When a court makes a decision, each party is bound by it. Examples: Trial Court motion is granted and an order is issued. The losing party must follow that court order Appellate Court hears appeal and reverses The losing party and the lower court must follow that decision

13. (2) It Sets A Precedent When any court makes a decision, it creates precedent. Precedent is case law created by previous decision. Does precedent bind other courts? In other words, which courts who must follow that decision?

14. Which Courts Must Follow Other Courts Previous Decision (i.e., Precedent)?

15. Federal Courts

16. Federal Court System United States Supreme Court United States Court of Appeals United States District Court

17. Precedential Hierarchy

18. Using Case Law When a party makes an argument through pleadings and/or oral arguments, the party will use law. When they use case law, they want to use case law that is mandatory or controlling on the court before it. In other words, the law they present is law that the court must follow. If it is not controlling, then the law is persuasive (i.e., not controlling).

19. General Rule for Using Cases CONTROLLING: All decisions from court higher in the court hierarchy are controlling on that lower court. NOT CONTROLLING (Persuasive): All decisions from a court lower in the court hierarchy are not controlling on that higher court. Highest Court Intermediate Appellate Court Court of Original Jurisdiction

20. Federal Courts

21. United States Supreme Court Decisions The United States Supreme Court is the final interpreter of the United States Constitution. If the United States Supreme Court interprets the Federal Constitution, all courts in the United States are bound by these decisions — they must follow that decision US Supreme Court US Court of Appeals US District Courts

22. United States Court of Appeals Decisions US Court of Appeals decisions must follow US Supreme Court decisions. If the United States Court of Appeals renders a decision, it is controlling on the US District Court it is persuasive on the US Supreme Court US Supreme Court US Court of Appeals US District Courts

23. United States District Court Decisions US District Courts must follow US Supreme Court and US Court of Appeals decisions. If the United States District renders a decision, it is persuasive on the US Supreme Court and US Court of Appeals. It is not controlling on any court. US Supreme Court US Court of Appeals US District Courts

24. What This Means If you are drafting a memorandum of law for the US District Court: Cite US Supreme Court and US Court of Appeals Decisions US Supreme Court US Court of Appeals US District Courts

25. What This Means If you are drafting a memorandum of law for the US Court of Appeals: Cite US Supreme Court Decisions US Supreme Court US Court of Appeals US District Courts

26. New York Courts

27. New York Court of Appeals decisions The New York Court of Appeals is the final interpreter of New York law, including the interpretation of New York statutes and the New York Constitution. NY Court of Appeals NY Appellate Division NY Supreme Court

28. New York Court of Appeals decisions All Court of Appeals decisions must be followed by all lower appellate courts (Appellate Division or the Appellate Term) and by all trial courts (courts of original jurisdiction). NY Court of Appeals NY Appellate Division NY Supreme Court

29. Decisions of intermediate appellate courts The intermediate appellate courts in New York are the Appellate Division and the Appellate Term. NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

30. Decisions of intermediate appellate courts The Appellate Division hears appeals from the trial court decisions of The Supreme Court, The Court of Claims, Family Court, and Surrogates Court. Appellate Term (can). NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

31. Decisions of intermediate appellate courts The Appellate Terms hears appeals from decisions of the NYC Criminal Court and the NYC Civil Court. NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

32. Decisions of intermediate appellate courts NY Court of Appeals decisions are controlling on all intermediate appellate courts. NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

33. Decisions of intermediate appellate courts Decisions by the Appellate Division are controlling on courts of original jurisdiction and the Appellate Term. NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

34. Decisions of intermediate appellate courts Decisions of the Appellate Term are controlling on courts whose decisions are appealed to it NYC Criminal Court; and NYC Civil Court. NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

35. Hierarchy Of Authority Between Departments NY trial courts must follow decisions from the Appellate Division. The Appellate Division is divided geographically into 4 Departments. First Department Second Department Third Department Fourth Department 1st 2nd 3rd 4th

36. What Happens When Two Departments Disagree With Each Other? Is that possible? Yes, each Department must follow the court of Appeals, BUT each Department does not have to follow each other. First Department is not bound by the Second Department What’s a trial court to do? NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

37. Rule A trial court must follow their Department’s decisions. NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

38. Rule If their Department has not ruled on the issue, they must follow another Department NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

39. Rule If the Departments have conflicting rulings, then their decisions are not binding. NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

40. What Happens When Two United States Courts of Appeal Disagree With Each Other? The Federal Court of Appeals is divided into 13 Circuits

41. What Happens When Two Federal Circuits Disagree With Each Other? The same rules that apply to the New York intermediate appellate courts, apply to the Federal intermediate appellate courts

42. Procedure in a Trial Court Follow Court of Appeals decisions NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

43. Procedure in a Trial Court If no Court of Appeals decision, then follow your Department. NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

44. Procedure in a Trial Court If your Department has not ruled on the issue, then follow another Department. NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

45. Procedure in a Trial Court If the other Departments are in conflict, then there are no controlling decisions. NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

46. Procedure in a Trial Court Follow Court of Appeals decisions If no Court of Appeals decision, then follow your Department. If your Department has not ruled on the issue, then follow another Department. If the other Departments are in conflict, then there are no controlling decisions. NY Court of Appeals 1st Dept 2d Dept 3d Dept 4th Dept Sup Ct, Bronx Count y Sup Ct, Quee ns Count y Sup Ct, Alban y Count y Sup Ct, Erie County

47. Are Federal Court Decisions Controlling On New York State Courts? The United States Supreme Court is the FINAL interpreter of the United States Constitution. All courts in the United States (both Federal and States Courts), must follow the US Constitution.

48. Are Federal Court Decisions Controlling On New York State Courts? In order to follow the constitution, they must interpret the US Constitution. When the US Supreme renders a decision interpreting the US Constitution, all courts, both Federal and State, must follow the US Supreme Court decision. The decision is controlling on ALL courts

49. What About Other Federal Court’s Decisions? All decisions of the US Court of Appeals and the US District Courts are NOT controlling on the state courts. They are persuasive on the state courts. US Supreme Court NY Court of Appeals US Court of Appeals Appellat e Division US District Courts NY Supreme Court

50. Part Three: What Does a Court Decision Do?

51. What Does A Trial Court Decision Do? Resolves a legal issue from a case.

52. What Does A Trial Court Decision Do? In a trial court, the court will decide motions A motion is a request for a court order. Motion for discovery Motion to suppress evidence Motion to dismiss The court will grant or deny the motion

53. What Does An Appellate Court Decision Do? Resolves a legal issue from a case. In an appellate court, the court will decide whether the lower court’s decision was within the bounds of law.

54. What Does An Appellate Court Decision Do? Did the lower court follow the law correctly? The appellate court will either Affirm the lower court decision Reverse the lower court decision Modify the lower court decision

55. What Happens When a Court Reverses? When the Court of Appeals reverses an Appellate Division case, it might mean the Appellate Division case can no longer be followed by the trial courts. NY Court of Appeals Appellate Division Appellate Term Supreme Court NYC Criminal Court

56. STARE DECISIS

57. Dealing With Precedent: Decisions by the Same Court Up until not we have talked about one court past decision and whether the lower court has to follow that decision. What about whether the court has to follow their previous precedent?

58. Understanding The Concept Of Stare Decisis Stare decisis: basic legal principle that commands judicial respect for a court's earlier decisions and the rules of law they embody. promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.

59. Understanding the Concept of Stare Decisis Adhering to our prior case law be the norm. Not an “inexorable command” Not “a mechanical formula of adherence to the latest decision” especially in constitutional cases Departure from precedent is exceptional, and requires “special justification.”