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circuit split
In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue.〔(Sup. Ct. R. 10(a) (2013) ); see also Tom Cummins & Adam Aft, (''Appellate Review'' ), 2 59, 60 (2012) (discussing definition of the term "circuit split").〕 The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.〔(Sup. Ct. R. 10(a) (2013) ).〕 Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason.〔Philip Allen Lacovara, 647 (2008) (internal quotation marks omitted).〕
Despite the Supreme Court's desire to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of local residents.〔Clifford Wallace, (''The Nature and Extent of Intercircuit Conflicts: A Solution Needed for a Mountain or a Molehill?'' ), 71 913 (1983) (assessing arguments on both sides of the debate).〕 Scholars have also observed that regional variations in different areas of the United States have provided certain circuits with a particular specialization or expertise in some subjects of the law.〔Eric Hansford, (''Measuring the Effects of Specialization with Circuit Split Resolutions'' ), 63 1145, 1150 (2011).〕
== Origins of circuit splits ==
Article III of the United States Constitution specifies that "()he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."〔U.S. Const. art. III, § 1.〕 In 1789, Congress created the first system of intermediate appellate courts, known as federal circuit courts, which had appellate jurisdiction over certain matters decided by District Courts.〔Daniel John Meador & Jordana Simone Bernstein, 7 (1994); Ruth A. Moyer, ''Disagreement About Disagreement: The Effect of A Circuit Split or "Other Circuit" Authority on the Availability of Federal Habeas Relief for State Convicts'', 82 831, 836 (2014) (discussing history of federal circuit courts).〕 These federal circuit courts consisted of two justices from the Supreme Court of the United States and one district court judge.〔Ruth A. Moyer, ''Disagreement About Disagreement: The Effect of A Circuit Split or "Other Circuit" Authority on the Availability of Federal Habeas Relief for State Convicts'', 82 831, 836 (2014).〕 In 1891, Congress created the existing system of United States courts of appeals, which hear appeals from United States district courts within limited geographic areas.〔Daniel John Meador & Jordana Simone Bernstein, 7 (1994).〕 For example, the United States Court of Appeals for the Fifth Circuit hears appeals originating from United States district courts in Louisiana, Mississippi, and Texas. Decisions in circuit courts are usually made by rotating three-judge panels chosen from judges sitting within that circuit, and circuit courts also occasionally decide cases en banc.〔Arthur D. Hellman, (''"The Law of the Circuit" Revisited: What Role for Majority Rule?'' ), 32 625 (2008); see also Fed. R. App. P. 35(a).〕
Circuit courts do not collaborate or work with other circuits to resolve legal issues, and different circuit courts may reach conflicting conclusions about the same legal issue.〔Arthur March Brown, (''Comity in the Fed. Courts'' ), 28 589, 590 (1915) ("Each District Court is independent of every other District Court, each Circuit Court of Appeals of every other Circuit Court of Appeals.").〕 Furthermore, cases decided in one circuit are not binding authority on other circuits.〔Chad Flanders, (''Toward a Theory of Persuasive Authority'' ), 62 55, 77 (2009) ("()he fact that a court in a different circuit has ruled one way does not mean that all the circuits have to rule that way; indeed, even if every other court has ruled one way, this does not mandate the outcome for the remaining circuit.").〕 If the Supreme Court of the United States has not ruled on a legal issue, federal courts of appeals resolve these issues "as they see fit, subject only to a norm of intracircuit stare decisis."〔Wayne A. Logan, (''Constitutional Cacophony: Federal Circuit Splits and the Fourth Amendment'' ), 65 1137, 1139 (2012).〕 When a circuit split occurs, courts of appeals are rarely evenly divided with regard to how the dispute should be resolved.〔Tom Cummins & Adam Aft, (''Appellate Review'' ), 2 59 (2012).〕 In fact, one study found that courts of appeals split evenly in less than one third of all circuit splits.〔 Occasionally, separate courts of appeals will reach three or more different conclusions with regard to the same legal issue.〔See, e.g., Deborah J. Buswell, (''Foreign Trade Antitrust Improvements Act: A Three Ring Circus — Three Circuits, Three Interpretations'' ), 28 979 (2003).〕
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