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this is not absolutely binding on a court but may be applied for instance if there is a case with no binding authority if the judge believes they have applied the correct legal principle and reasoning.
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∙ 15y ago
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What two types of precedent are there in doctrine of precedent?
binding(mandatory) precedent persuasive precedent
Persuasive authority is also known as?
unbinding precedent
Is court precedent mandatory or persuasive?
That depends on which court you're referring to. In the federal court system, the US Supreme Court sets binding (or mandatory) precedent for all lower courts; the US Court of Appeals Circuit Courts set binding precedent for all US District Courts within their jurisdiction, but only persuasive precedent elsewhere; the US District Courts do not set binding precedent at all, they only set persuasive precedent.
What is the difference between a binding precedent and a persuasive precedent?
A binding precedent is precedent that a court MUST follow (it is law). All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent. In contrast, persuasive precedent is precedent that a court need not follow (it is NOT law, but, as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions OUTSIDE of that court's jurisdiction or from a LOWER court are considered to be persuasive only.
What does the system of judicial precedent mean?
The way the question is asked: USING judicial precedent, means that the judge is following the lead of a decision in a similar case that has already been decided upon and he is ruling the same way using the other case as a guideline. If the questioner meant to ask what does SETTING judicial precedent mean. . . that means that the judge was rendering a decision in a case of a type that had never been tried, or ruled upon, in the past, and that his verdict would set the 'precedent' by which all future cases might be judged. Judges, by the way, do NOT necessarily have to follow precedent in making rulings.
What does it mean when a judge uses precedent to arrive at an opinion?
precedent
What does it mean when a decision in state court is persuasive in federal court?
"Persuasive precedents" are decisions that are not binding on a court hearing a similar case, but which contain compelling legal reasoning or logic that the court finds convincing (persuasive) enough to apply to the case at bar. For example, a US District Court judge may agree with a decision made in a comparable state court case, adopt the reasoning, and cite the first case in the opinion of the second case. Only appellate courts with jurisdiction over a lower court may creating binding precedents (decisions that must be followed); a court may choose to follow a non-binding precedent that doesn't conflict with a binding precedent or law. These are commonly referred to as "persuasive precedents."
What does obiter dictum means?
Obiter dictum refers to remarks made by a judge in a legal opinion that are not essential to the decision of the case. These comments are considered persuasive but not binding precedent.
What does persuasive argument mean?
A persuasive argument is a logical and reasoned argument that aims to convince someone to adopt a certain viewpoint or take a particular action. It typically involves presenting evidence, reasoning, and persuasive techniques to sway the audience's opinion.
What does persuasive language mean?
Persuasive language is a type of communication intended to convince someone to adopt a certain viewpoint, take a particular action, or make a decision. It often involves using strategies like emotional appeals, logical reasoning, credibility, and rhetorical devices to influence the audience.
What persuasive mean?
having the ability to change mindsSomeone (or a fact) is persuasive if he (or it) is able to persuade, that is to convince another person.
What does the persuasive technique transfer mean?
The persuasive technique transfer involves associating a product or idea with something desirable or positive to convince the audience to accept it. This technique tries to transfer the positive qualities of one thing to another. It can be subtle but can greatly influence consumer attitudes and behaviors.
