Define the termsbinding authorityandpersuasive authority. What is the difference between the two? Which type of authority should it be your goal to locate when conducting legal research??
What will be an ideal response?
A binding authority is any source of law that a court must follow when deciding a case, including constitutions, statutes, regulations, and court decisions made by a superior court within the jurisdiction. A persuasive authority is any legal authority or source of law that a court may look to for guidance, but that it is not required to follow when making its decision.Persuasive authorities include cases from other jurisdictions and secondary sources of law, such as scholarly treatises.The difference between binding authority and persuasive authority is that binding authority consists of any source that a court must follow, whereas persuasive authority is any legal authority that a court may look to for guidance but that it is not bound to follow. The researcher should strive to find binding authority when conducting legal research.?
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Diana and Paul are getting divorced after twenty years of marriage. They have one son, Cameron, who is adopted. He is presently sixteen years old. Diana and Paul were reasonably happy prior to the adoption but have had nothing but problems ever since then. They adopted Cameron when he was four and were unaware that he had a history of fire-setting and animal abuse. He has ADHD (Attention Deficit
Hyperactivity Disorder) and has recently been diagnosed as Bipolar. He has never done well in school and has constantly been in trouble with the police primarily for fighting and vandalizing property. After the divorce is final, Cameron will be living with his father who is presently unemployed and will be more available to supervise his activities. Diana has irregular hours as a health care worker. All but which one of the following statements is TRUE with respect to this case? A) Diana will likely be ordered to pay child support to Paul. B) Neither Paul nor Diana has a child support obligation because Cameron is adopted. C) If Cameron is ordered by a juvenile court to receive costly therapy sessions for an extended period and they are not covered by insurance, the expense may be considered sufficient to warrant a deviation from the guidelines. D) If Cameron is incarcerated in a juvenile detention facility, both Diana and Paul may be ordered to pay support to offset the cost of incarceration.
A gift of real property to a local, state or federal government is a(n):
a. Escheat b. Dedication c. Inter vivos gift d. None of the above
A decision by a jury that the individual accused of the crime is innocent or free from guilt is called:
a. An indictment b. A conviction c. An acquittal d. An indictment and an acquittal
No actual touching is needed for a battery.
Answer the following statement true (T) or false (F)