Persuasive Authority


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Persuasive Authority

Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion.

References in periodicals archive ?
Five circuits indicate that unpublished opinions, while falling short of binding precedent, may be considered as persuasive authority or for their persuasive value.
To increase HPV vaccine acceptance among parents, caregivers, and adolescents, the Panel recommends targeted efforts, including the deployment of integrated, comprehensive communications strategies, using social media, print, electronic communications and the persuasive authority of health care providers interacting with empowered patients.
That is, from the realist perspective, one effect of NFIB is to enable litigators to cite the opinion of Justice Roberts and the joint dissent of Justices Kennedy, Scalia, Thomas, and Alito as binding authority (and in the alternative as persuasive authority (111)).
Despite the analysis in Stroud135 and its progeny, (136) the cases discussed in Part III suggest that litigants should be able to cite as persuasive authority appellate court opinions that were vacated on grounds that do not call into question the propositions for which they are cited.
The court relied on the EEOC as a persuasive authority," says Vladimir Belo, a partner at Bricker & Eckler.
3) Relying upon international human rights laws and norms as persuasive authority when deciding domestic legal issues should not only be permissible; it should be encouraged.
A plaintiff can also point out that for lawyer, as opposed to accountant, malpractice, no statute adopts the statutory comparative fault scheme found in section 5/2-1116, and thus Coopers & Lybrand is the only persuasive authority on the issue.
So, while these documents do not have the force of law, they do have persuasive authority when it comes to establishing policy and determining scope of practice.
For instance, before her retirement, Justice O'Connor stated that "conclusions reached by other countries and by the international community, although not formally binding upon our decisions, should at times constitute persuasive authority in American courts.
The court found no persuasive authority for the proposition that an otherwise valid zoning enactment is invalid if it is in any way prompted or encouraged by a public benefit voluntarily offered.
Even as it is, the decision still has persuasive authority.