When you encounter conflicting authorities from the same court level and from a higher court, what steps do you take to decide which to follow?

• A. Follow the higher court; if facts differ, distinguish the cases; consider more recent decisions or overrules.
• B. Always follow the earliest decision regardless of hierarchy.
• C. Follow the court's own internal memo even if lacking precedent.
• D. Ignore higher court decisions and rely on statute only.

Answer: (A)

The main idea is to respect judicial hierarchy and the binding nature of higher court rulings. When authorities conflict, the ruling from the higher court takes precedence and should be followed, because it has authority over lower courts. If the facts of your case differ from the higher court’s cited scenario, you distinguish—explain how your facts are different and why the higher rule shouldn’t control in the same way. You should also look for more recent decisions from the higher court that overrule or refine the earlier rule; if a later ruling changes the rule, follow the newer, controlling authority. In short, start with the highest controlling decision, distinguish when facts don’t line up, and update your approach if there’s a later overrule or clarification.