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A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...
Ruffin's opinions were cited as persuasive authority by appellate tribunals throughout the United States. His decisions' influence on the developing jurisprudence of the states then known as the Southwest (Alabama, Louisiana, Tennessee, Arkansas, and Mississippi), settled by emigrating North Carolinians in large numbers, made Ruffin a ...
An argument from authority [a] is a form of argument in which the opinion of an authority figure (or figures) is used as evidence to support an argument. [ 1 ] The argument from authority is a logical fallacy , [ 2 ] and obtaining knowledge in this way is fallible.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
Rhetoric is the art of effective persuasive speaking, often through the use of figures of speech, metaphors, and other techniques. The Greek philosopher Aristotle listed four reasons why one should learn the art of persuasion: [12] Truth and justice are perfect; thus if a case loses, it is the fault of the speaker. It is an excellent tool for ...
Decisions of the Privy Council on Hong Kong appeals before 1 July 1997 remain binding on the courts of Hong Kong. This accords with the principle of continuity of the legal system enshrined in Article 8 of the Basic Law. Decisions of the Privy Council on non-Hong Kong appeals are of persuasive authority only.
Historically, law review articles have been influential in the development of the law; they have been frequently cited as persuasive authority by courts. [4] Some law schools publish specialized reviews, dealing with a particular area of the law, such as civil rights and civil liberties, international law, environmental law, and human rights ...