Does case law work if the case law I find is for a different state?

Let’s say there is no case law in Wisconsin regarding the use of Laser (in regards to the police using it to determine your speed); however, there is case law on this topic in a different state.

Case I use case law from another state at my trial in Wisconsin?

You should be able to "use" it but the Judge is not obligated to recognize it other than as an argument – and not "case" law accepted by and within his Jurisdiction. –

And who knows? If your state doesn’t have any law on point then the Judge just may well adopt it in his judgment of your case!

In any event – Good Luck – and Good thinking!

Post Author: mark

5 thoughts on “Does case law work if the case law I find is for a different state?

    One Sexy Jeep Girl

    (January 22, 2010 - 6:51 am)

    I think you would have to go by whatever laws apply to your State.
    References :

    krollohare2

    (January 22, 2010 - 7:40 am)

    Yes. You can argue anything you want so long as its related to the ticket. After all, its your defense. But whether the judge has to follow it is something a Wisconsin lawyer can tell you.

    Are there any statutes on the use of laser speed guns and any administrative regulations concerning them in Wisconsin? Are they required to be certified or calibrated, within a short time of being used, like on the day you were caught in a speed trap?

    The best advice is to hire a lawyer. There are plenty of $50 guys out there who do traffic ticket clinics and since they do bulk, like hundreds of tickets a day in the same courtroom, you get the discount!
    References :

    Paul B

    (January 22, 2010 - 8:29 am)

    You should be able to "use" it but the Judge is not obligated to recognize it other than as an argument – and not "case" law accepted by and within his Jurisdiction. –

    And who knows? If your state doesn’t have any law on point then the Judge just may well adopt it in his judgment of your case!

    In any event – Good Luck – and Good thinking!
    References :
    a retired attorney and a realist!

    CalLawGuy

    (January 22, 2010 - 8:49 am)

    No.
    As part of your pre-trial filings, you would be required to include a "Request for Judicial Notice re Out of State Authorities". In this pleading, you would argue your point and brief the out-of-state cases that are on point related to the facts of your case.
    However, if your state does not have any case law, it’s usually for a reason.
    Finally, these are issues of LAW which must be argued and decided prior to trial, which deals with issues of FACT. In a simple traffic case, it’s unlikely the judge is going to entertain any motions or attempts to set precedent. The place to set precedent is on the appelate level.
    References :
    35 years arguing with the bench.

    Dr. Luv

    (January 22, 2010 - 9:13 am)

    Yes, it is up to the judge to decide if he will consider it or allow the jury to consider it.
    References :

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