NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchMedium
A paralegal is assisting with a case involving a dispute over the interpretation of a contractual term. The paralegal needs to find persuasive authority from other jurisdictions that have interpreted similar contractual language. Which type of authority would be considered persuasive in this context, even if not binding?
- AStatutes from the paralegal's own jurisdiction.
- BBiding precedent from the highest court in the paralegal's own jurisdiction.
- COpinions from appellate courts in other states.
- DRegulations from administrative agencies in the paralegal's own jurisdiction.
Show answer & explanationAnswer & explanation
Correct answer: C. Opinions from appellate courts in other states.
Persuasive authority includes cases from other jurisdictions, scholarly articles, or other legal materials that a court may consider but is not obligated to follow. Opinions from appellate courts in other states, while not binding, can be highly persuasive in interpreting similar legal issues or contractual language.
Why the other options are wrong
- A. Statutes from the paralegal's own jurisdiction are primary, binding authority, not persuasive authority from other jurisdictions.
- B. Binding precedent from the highest court in the paralegal's own jurisdiction is mandatory, not merely persuasive.
- D. Regulations from administrative agencies in the paralegal's own jurisdiction are primary, binding authority within their scope, not persuasive authority from other jurisdictions.
Persuasive Authority
Legal authority that a court may consider and be influenced by, but is not legally obligated to follow.
- Includes cases from other jurisdictions, law review articles, treatises.
- Often used when there is no binding precedent.
- Helps courts make well-reasoned decisions.
Memory trick: Binding commands, Persuasive advises, Secondary guides.