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Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a ...
Persuasive definitions are not the only way of modifying meaning – one may also modify meaning simply by linking two properties together (Douglas Walton calls it a "Verbal Classification"), and then attribute a new property to given object ("if something is prosecuted, then it is morally wrong, therefore racism is morally wrong").
Only the reason for the decision of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in an argument. Apart from the rules of procedure for precedent, the weight given to any reported judgment may depend on the reputation of both the reporter and the judges. [7]
Where a wide new class of distinguished cases is made, such as distinguishing all cases on privity of contract law in the establishment of the court-made tort of negligence or a case turns on too narrow a set of variations in facts ("turns on its own facts") compared to the routinely applicable precedent(s), such decisions are at high risk of being successfully overruled (by higher courts) on ...
Persuasive definition – purporting to use the "true" or "commonly accepted" meaning of a term while, in reality, using an uncommon or altered definition. (cf. the if-by-whiskey fallacy) Ecological fallacy – inferring about the nature of an entity based solely upon aggregate statistics collected for the group to which that entity belongs.
An argument map or argument diagram is a visual representation of the structure of an argument.An argument map typically includes all the key components of the argument, traditionally called the conclusion and the premises, also called contention and reasons. [1]
The arguments and reasoning of a dissenting judgment (the term used in the United Kingdom [14] also constitute obiter dicta. These, however, might also be cited should a court determine that its previous decision was in error, as when the United States Supreme Court cited Justice Oliver Wendell Holmes Jr.'s dissent in Hammer v.
The metaphysical distinction between necessary and contingent truths has also been related to a priori and a posteriori knowledge.. A proposition that is necessarily true is one in which its negation is self-contradictory; it is true in every possible world.