Define the terms binding authority and persuasive authority. What is the difference between the two?
Which type of authority should it be your goal to locate when
conducting legal research?
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 which 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, while 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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In Tierney v.Four H Land Company Limited Partnership, the court held that?
A. ?the district court was correct for not ordering specific performance because the burdens on Four H and Western outweighed the benefits to the Tierneys. B. ?the 1998 CUP and the agreement that set forth the core requirements for reclamation of the property were not sufficiently certain and definite to describe what was required of Four H and Western. C. ?specific performance was an appropriate remedy for Four H's and Western's breach, and the district court should have ordered it. D. ?specific performance, as an equitable remedy, is not appropriate for a lawsuit concerning real property.
What made you decide to take up the study of court and realtime reporting?
What will be an ideal response?
What is an Overrule?
What will be an ideal response?
At any time after the order for relief, a creditor may file a complaint objecting to the dischargeability of a debt.
Answer the following statement true (T) or false (F)