The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Decisions of a court constitute a precedent of binding obligation
only within the particular territorial jurisdiction which is
subject to its process. In the tribunals of one State decisions
rendered in another on legal points are, so far as respects
transactions not governed by its local law, without any
authoritative force. They may be read, just as the opinions of
an author expressed in a legal treatise, or as the decisions of
an English or German court might be, for what they appear to be
worth. No formal proof that they were really the deliverances of
the court from which they purport to emanate is necessary to
support their use for this purpose.
The reported decisions of courts of other States, whether
published officially or unofficially, may be cited in argument in
any cause, to fortify the claims of counsel as to the proper
rules to be followed in reaching a decision. For this use they
are introduced simply for the intrinsic value of the reasoning
and conclusions.
If it is claimed that they prove the law of the State from which
they come to be of a certain nature (and that is a material point
in the case), they should be made the subject of proof before
argument.[Footnote: Hanley _v._ Donoghue, 116 U. S. Reports,
1.] In many States this is dispensed with by statutes allowing
courts to take judicial notice of all reported decisions in other
States; that is, in effect, to take any means which they think
proper to learn what they are. It is also the general practice
of the bar where no such statutes exist to allow the reports of
other States to be read for any purpose without objection.
Most States have statutes to facilitate the proof in court of the
statute laws of other States. The mode prescribed by Act of
Congress (Revised Statutes, Sec. 905) under the constitutional
provision, to which reference has been made, involves
considerable expense for the proper certification of copies.
Common provisions of State legislation are that all courts may
take judicial notice of the laws of other States (that is, take
them into account without any formal proof at all), or that a
copy of the official publications containing them shall be
competent evidence of what they are.
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