Binding Precedent
A court decision that other courts must follow — understanding which cases control in your state is critical to building your argument.
When a court decides a legal question, that decision can become a rule that other courts have to follow. That rule is called binding precedent — and knowing which decisions bind your court is one of the most important things you can learn as a pro se litigant.
How It Works
The federal court system has three levels:
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U.S. Supreme Court — Its decisions bind every federal court in the country. When the Supreme Court says something, that’s the law everywhere.
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Circuit Courts of Appeals — The country is divided into 13 circuits, each covering multiple states. A decision by your circuit court binds every district court in that circuit. For example, the Fifth Circuit covers Texas, Louisiana, and Mississippi — so a Fifth Circuit decision made in a Texas case is equally binding in Louisiana and Mississippi.
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District Courts — Trial-level courts. Their decisions don’t bind other district courts, even within the same circuit. They’re useful as examples, but a judge in another district isn’t required to follow them.
Why This Matters for Your Case
When you cite a case in your brief, the judge cares about where it came from:
- Binding precedent (from your circuit or the Supreme Court): The judge must follow it unless it’s been overruled.
- Persuasive authority (from other circuits or district courts): The judge can consider it but doesn’t have to follow it.
A case from your own circuit that’s directly on point is worth more than a dozen cases from other circuits. When you’re researching, always start with your circuit.
The Circuit Map
| Circuit | States Covered |
|---|---|
| 1st | Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico |
| 2nd | Connecticut, New York, Vermont |
| 3rd | Delaware, New Jersey, Pennsylvania |
| 4th | Maryland, North Carolina, South Carolina, Virginia, West Virginia |
| 5th | Louisiana, Mississippi, Texas |
| 6th | Kentucky, Michigan, Ohio, Tennessee |
| 7th | Illinois, Indiana, Wisconsin |
| 8th | Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota |
| 9th | Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington |
| 10th | Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming |
| 11th | Alabama, Florida, Georgia |
| D.C. | District of Columbia |
Circuit Splits
Sometimes different circuits reach opposite conclusions on the same legal question. This is called a circuit split. Until the Supreme Court resolves it, the law can literally be different depending on which state you’re in. If you find a circuit split that helps your case, point it out to the judge — it shows you’ve done serious research, and it might support asking for the more favorable rule.
Common Mistake
Don’t cite a case from the Ninth Circuit (California) to a judge in the Fifth Circuit (Texas) and expect it to carry the same weight as a Fifth Circuit case. It won’t. The judge might find it interesting, but it’s not binding. Always lead with your own circuit’s cases, then use other circuits as backup.