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  1. #11
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: I Don't Understand Types of Authority's

    The four type they're talking about are primary and secondary, mandatory and persuasive. But there aren't really four types, there are two: primary and secondary. The persuasive vs. mandatory is just a distinction between primary sources.

    I'm in Florida's 5th District for appeals. A case already decided by the 5th DCA or a higher court would be primary and mandatory or controlling. A decision on a case from Florida's 3rd DCA would be primary but only persuasive, not controlling. Decisions of courts in your jurisdiction or higher within your hierarchy are controlling. When they are from parallel jurisdictions they are primary but persuasive. Treatises and such are considered secondary sources. They can be persuasive only.

    - - - Updated - - -

    I doubt my answer has helped you in any way. I suspect it confused more than anything. That's why you need to consult your text and your professor. This is not the place to learn the material you are trying to learn.

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