Binding v. Non-binding Questions

Is United States Code (U.S.C.) binding on a state claim in state court?

Yes, but usually that's not applicable. On subjects that Congress has the power to make laws about, but has that power concurrently with the state, it can choose preempt state laws. That means federal law can modify or nullify the state law. There is a presumption that Congress does not intend to preempt state law unless it said so, and its power to do so doesn't cover every subject; you'll cover that in your Constitutional Law course.

Is State Code (e.g., Missouri State Code) still a primary authority outside of its state? Is it binding?

It is primary authority because it is a source of law, not a description of the law (secondary authority). It is not binding unless the court of that other state is applying Missouri law, which is a situation you'll cover in Civil Procedure.

Does Administrative Code comes from the Executive branch?

Yes. It's based on authority it has been given by statute (from the legislative branch) or which it has under the state or federal constitution, so it has to be valid within the scope of that authority.

Are federal case law decisions binding in state court on a state claim?

No, unless it's a decision by the Supreme Court of the United States. So federal district court or circuit court of appeals decision is not binding on the state courts. This is true whether it's a state or federal claim.

Is it ever acceptable to “quote” or “cite” a Westlaw head note?

No. (Not unless your professor tells you to.) Use them to find a relevant case and get the gist of it before you read the actual decision. If you wanted to cite a secondary source, you'd cite a law review article or academic book.

/r/LawSchool Thread