Precedent from which court is binding on the U.S. District Court for the Southern District of New York?
A. U.S. Court of Appeals for the District of Columbia Circuit
B. U.S. Court of Appeals for the First Circuit
C. New York Court of Appeals
D. U.S. Supreme Court
Answer:
Precedent for people studying for the Bar exam:
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The question is misleading because the federal courts are sometimes called upon to discern (but not interpret) state law. In such a case the NY court of appeals would be the final arbiter of state law. If the federal court were applying federal law, then binding precedent would come from the USSCT and whichever federal circuit court includes New York.
U.S. Court of Appeals for the Second Circuit and the U.S. Supreme Court.
With respect to questions of purely N.Y. law, I would say that the N.Y. Court of Appeals would be highly persuasive authority, but not binding. The N.Y. Court of Appeals has no authority (as far as I know) to overturn a decision by the Southern District of New York.
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