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Forum
Started Dec 15 2012, 20:05
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Dec 15 2012, 20:05
Many secondary Sources are recognized as broad, general resources. They are a great starting place to get fundamental information, but do not cite an encyclopedia as persuasive or binding authority in a legal memo or brief. Just use the resources for your background education and as springboard to cases and other materials.
Likewise, do not cite a hornbook or law student study aid in a legal memo or brief. These are background materials for students and are not persuasive authority.
Treatises, depending on the prestige of the author, are occasionally cited as persuasive authority.
Restatements are recognized authorities by the courts and frequently cited.
Law review articles may be persuasive authority depending on the quality of the article, the credentials of the author and the reputation of the publication.
Comments, articles or case notes written by students are not likely to be persuasive.
ID#12637695
Samuel
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