Circuit split
Encyclopedia
In the context of United States federal courts
, a circuit split exists when two or more circuits in the United States court of appeals
system have different interpretations of federal law.
The concept is sometimes key to the United States Supreme Court's decision to accept a case. In that instance, the Supreme Court may hear an appeal to clarify federal law or to settle the circuit split (by making a ruling that is binding nationwide). A circuit split is of such importance that it is the first of three criteria which the Supreme Court lists in its own rules as bearing upon its decision to hear a case.
Circuit splits can also influence lower courts, particularly where a trial or appellate court in a circuit is considering an issue that is new to that circuit (an issue of first impression
) and other circuits have split on that issue. Courts considering an issue of first impression will generally consider the competing decisions by other circuits on that issue, as those decisions are persuasive authority.
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, a circuit split exists when two or more circuits in the United States court of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
system have different interpretations of federal law.
The concept is sometimes key to the United States Supreme Court's decision to accept a case. In that instance, the Supreme Court may hear an appeal to clarify federal law or to settle the circuit split (by making a ruling that is binding nationwide). A circuit split is of such importance that it is the first of three criteria which the Supreme Court lists in its own rules as bearing upon its decision to hear a case.
Circuit splits can also influence lower courts, particularly where a trial or appellate court in a circuit is considering an issue that is new to that circuit (an issue of first impression
First impression (law)
First impression is a legal case in which there is no binding authority on the matter presented. Such a case can set forth a completely original issue of law for decision by the courts. A first impression case may be a first impression in only a particular jurisdiction...
) and other circuits have split on that issue. Courts considering an issue of first impression will generally consider the competing decisions by other circuits on that issue, as those decisions are persuasive authority.