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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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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.