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Authority/subversion; Sanctity/degradation; Liberty/oppression. [8] [7] Its authors remain open to the addition, subtraction, or modification of the set of foundations. [2] Although the initial development of moral foundations theory focused on cultural differences, subsequent work with the theory has largely focused on political ideology.
Although Restatements of the Law are not binding authority in and of themselves, they are potentially persuasive when they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases ...
A dissenting opinion does not create binding precedent nor does it become a part of case law. However, they are cited from time to time as a persuasive authority when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case will write a majority ...
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...
Some types of prior decisions may be cited as non-binding authority in California courts, while others can only be consulted informally. The most powerful form of non-binding authority in California are the portions of appellate opinions known as dicta, in which a court discusses legal issues that it is not obligated to decide in the case ...
Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a ...
Dicta in this sense are not binding under the principle of stare decisis, but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include:
Decisions from the Court of Appeals are binding authority on all lower courts, and persuasive authority for itself in later cases. [5] Every opinion, memorandum, and motion of the Court of Appeals sent to the New York State Reporter is required to be published in the New York Reports. [6] [7]