0
A secondary source?
There are two kinds of authority that a lawyer can use in his argument in court.
The first is binding or mandatory authority. This consists of all applicable statutes and precedential case law in the jurisdiction. For example, if the lawsuit is in California state court, the lawyer could use all California statutes as mandatory authority. Statutes from New York are not binding in California.
Persuasive authority is pretty much everything else. A lawyer can try to use other state's laws, or law review articles, or restatements, or American law institute writings in his argument, but the judge doesn't have to listen to this.
Add your answer:
Earn +20 pts
Persuasive authority is also known as?
unbinding precedent
Is a digest mandatory authority?
No, it is non-authority, so at the most it can be persuasive authority.
What is an example of persuasive authority?
An example of persuasive authority is a legal article written by a legal expert that discusses a particular legal issue or interpretation of the law. While persuasive authority is not binding on courts, it can influence judicial decisions and be cited as support for a particular legal argument.
When is authority persuasive?
Authority is persuasive when it comes from a credible and knowledgeable source that is respected in a particular domain. People are more likely to be influenced by authority figures who demonstrate expertise, trustworthiness, and experience in the subject matter.
Is same-sex marriage persuasive authority?
Yes, it is.
Edwards' persuasive writing especially appeals to authority and emotion?
true
Which of the following is one reason you might want to use ethos in a persuasive agrument?
Using ethos in a persuasive argument can help establish credibility and trust with the audience by showcasing the speaker's expertise, authority, or ethical character. This can make the argument more convincing and persuasive to the audience.
In law What is primary persuasive?
Primary persuasive authority refers to legal sources that courts consider to be most authoritative and influential when making decisions, such as statutes, regulations, and binding precedent from higher courts. These sources carry more weight in legal arguments compared to secondary sources like legal commentary or persuasive precedent. Courts typically rely on primary persuasive authority to guide their decisions and establish legal interpretations.
Are primary authorities statutes and case law?
Yes, statutes and case law are primary authority in the jurisdictions that they control. They are persuasive authority in foreign jurisdictions.
What is credibility appeal?
Credibility appeal, also known as ethos, is a persuasive technique that relies on the perceived trustworthiness, credibility, or authority of the speaker or source of information to persuade an audience. By establishing expertise, integrity, and authority, the speaker seeks to enhance the audience's belief in their message.
What is an example of persuasive language?
An example of persuasive language could be using emotional appeals, such as tapping into the audience's fears or desires. Another example is using rhetorical questions to make the audience reflect on a particular point or issue. Additionally, using strong, assertive language to establish credibility and authority can also be persuasive.
What are some themes for a persuasive essay?
The ideas for a persuasive essay are endless. It is easy to write a persuasive essay when you are talking about something you personally believe in and know the facts of. A persuasive essay is simply a platform in which to convince someone that what you believe is true.
