Persuasive Authority Is Dependent On The Case And Evidence

1159 Words Aug 27th, 2015 5 Pages
Persuasive Authority is dependent on the case and evidence that is presented to the courts. This could come in the form of comparisons of the cases, even though both belong to different hierarchies, and how the evidence is presented and if there stands to be a justifiable reasoning for including persuasive authority. In order for the case to be convincing, the case must be identical.
Over a period of time, the strength of persuasive authority may change in light of new evidence in various jurisdictions, or even changes in precedents through legislation, over ruling a previous decision or even a superior court reversing their own previous case.
To further make a persuasive authority more compelling, it must attempt to show strength through the following;
• Level of court – where the decision was cast from.
• Status – this means the status of the judge that made the previous decision.
• Decision was or was not reversed – if the persuasive case was reversed or had a prior reversal, it becomes less persuasive in a court of law.
• Strong dissenting judgement.
• The fact presented are distinguishing.

HOW BINDING AUTHORITY MAY NOT BE FOLLOWED

In practise binding authority may not be used within the cases. In terms of seeking out a just sentence on a case, some may decide that using, with a substantial cause, a persuasive authority may be used. This depends on the strengths of the persuasive argument, as statement in a previous paragraph. If, for example there isn’t enough…
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