New York Law (NYLE) Practice Exam

Is a trial court in the First Judicial Department required to follow a decision of the Appellate Division of the Third Judicial Department?

1. No, unless the Court of Appeals has affirmed that decision.

2. No, because decisions of intermediate appellate courts outside of the Judicial Department of a trial court are not binding on that trial court.

3. Yes, unless the Court of Appeals has pronounced a contrary ruling, regardless of whether or not the First Judicial Department has ruled on the issue.

4. Yes, unless either the Court of Appeals or the Appellate Division in the First Judicial Department has pronounced a contrary ruling.

The correct answer is: Yes, unless either the Court of Appeals or the Appellate Division in the First Judicial Department has pronounced a contrary ruling.

A trial court in the First Judicial Department is indeed required to follow decisions of the Appellate Division in the First Judicial Department, as well as those of the Court of Appeals. This is rooted in the principle of legal precedent and hierarchy of courts, where decisions from higher courts bind lower courts within the same jurisdiction. In this context, the First Judicial Department’s trial courts must adhere to rulings issued by the Appellate Division of their own department, ensuring consistency and uniformity in the application of the law. Furthermore, should the Court of Appeals offer a ruling that contradicts the position taken by the Appellate Division, that ruling must also be followed by the trial court. This underscores the idea that a trial court's obligation to adhere to appellate decisions is limited to the jurisdiction it operates within, while maintaining respect for the hierarchy of legal authority. This is why the trial court must align with the decisions from both the Appellate Division in its own department and the Court of Appeals when applicable.