From this evidence, the trial judge, as a rational factfinder, could find that Howard knew that the capsule was located in his pocket and that he was aware of its illicit nature and character.<br />While no previous Virginia appellate cases have addressed the exact circumstances of this case, this holding is supported by persuasive precedent
from Ohio and North Carolina.
opposition to persuasive precedent
. A court may refuse to follow merely
"The court's decision in this case will provide persuasive precedent
to defend free speech there and in other states."
When a binding or persuasive precedent
is created, the biggest number possible of relevant thesis should be analyzed in order to give a significant legitimacy to the decision and avoiding its constant overcoming.
The most persuasive precedent
to cite, of course, is an on-point decision of the U.S.
As to the disputed battlefield issues on which you must pievail, the statements of law and facts, and the analysis of binding and persuasive precedent
, must be thorough to a fault.
Students are introduced to a measure of legalese when asked to consider a series of core concepts, which include latin maxims, namely, stare decisis, binding and persuasive precedent
, affirming, overruling, reversing and distinguishing, all within the framework of the detail of a given court hierarchy.
Since the funds did not provide a list of specific documents that they thought should be privileged, and did not cite persuasive precedent
or have persuasive reasons for why the documents were deserving of work-product protection, the court upheld the District Court decision to grant the Secretary permission to enforce the subpoenas.
Arguably, horizontal stare decisis is merely a strong form of persuasive precedent
, discussed below.
to "persuasive precedent
," the nonbinding decisions of other
(13) Persuasive precedent
merely requires courts to look at previous decisions for guidance.