NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchEasy
A paralegal is conducting research on a novel issue of state contract law and needs to find persuasive authority from other jurisdictions. Which type of legal authority would be considered persuasive rather than primary for a state court in this scenario?
- AA statute from an adjacent state addressing a similar contract issue.
- BThe state's constitution, which includes a relevant contract clause.
- CA binding precedent from the state's highest appellate court.
- DA regulation promulgated by the state's Department of Commerce.
Show answer & explanationAnswer & explanation
Correct answer: A. A statute from an adjacent state addressing a similar contract issue.
Persuasive authority is legal authority that a court is not required to follow, but may consider when making a decision. A statute from another state, while a primary source in that state, is merely persuasive in a different state's court. The other options are primary and binding or directly applicable within the paralegal's state.
Why the other options are wrong
- B. The state's constitution is primary and binding authority within that state.
- C. A binding precedent from the state's highest appellate court is primary and binding authority.
- D. A regulation from the state's Department of Commerce is primary and binding authority within that state, provided it's valid.
Persuasive Authority
Legal authority that a court may consider but is not obligated to follow.
- Includes decisions from other jurisdictions, secondary sources, and dicta.
- Used when there is no binding precedent or to influence a court.
- Its weight depends on factors like the court's reputation and similarity of law.
Memory trick: Primary commands, persuasive suggests, secondary explains.