Question

John was arrested under a New Jersey statute that made it a crime to wear green shorts. John argues that a similar stature was declared unconstitutional by the California state court, so the NJ state court is required to declare NJ statute unconstitutional. John is wrong because...
1. state courts aren't bound by precedent
2. only federal courts can create binding precedent
3. out of state cases aren't binding precedent in state courts
4. more than one court has to rule a certain way before precedent is established.
I chose 3. is this correct?

Answer 1

I agree.

Answer 2

out-of state cases aren't binding precedent in stat courts.