NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchMedium
A paralegal is conducting research on a state-specific tort law issue and needs to find persuasive authority from other states that have similar legal frameworks. Which type of authority would these out-of-state cases represent?
- APersuasive authority.
- BSecondary authority.
- CPrimary authority.
- DBinding authority.
Show answer & explanationAnswer & explanation
Correct answer: A. Persuasive authority.
Persuasive authority includes cases from other jurisdictions or lower courts, and secondary sources, which courts may consider but are not obligated to follow. In this scenario, out-of-state cases are not binding but can be persuasive.
Why the other options are wrong
- B. Secondary authority provides commentary or analysis (e.g., treatises, law reviews), not actual case law.
- C. Out-of-state cases are primary sources, but this option describes their *type* of source, not their *effect* on the court.
- D. Binding authority is law that a court *must* follow (e.g., higher court in the same jurisdiction). Out-of-state cases are not binding.
Persuasive Authority
Legal sources that a court may consider when making a decision but is not obligated to follow.
- Includes cases from other jurisdictions or lower courts.
- Also includes secondary sources like treatises and law reviews.
- Used when binding authority is absent or unclear.
Memory trick: Binding 'MUST', Persuasive 'MAY', Secondary 'GUIDES'.