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Persuasive writing is a form of written arguments designed to convince, motivate, or sway readers toward a specific point of view or opinion on a given topic. This writing style relies on presenting reasoned opinions supported by evidence that substantiates the central thesis .
The purpose of argumentation (also called persuasive writing) is to prove the validity of an idea, or point of view, by presenting sound reasoning, discussion, and argument to thoroughly convince the reader. Persuasive writing/persuasion is a type of argumentation with the additional aim to urge the reader to take some form of action.
Persuasive writing is the most rhetorically stylized. So although a brief states the legal issues, describes authorities, and applies authorities to the question—as does a memorandum—the brief's application portion is framed as an argument. The author argues for one approach to resolving the legal matter and does not present a neutral analysis.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such.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 ...
In rhetoric, a rhetorical device, persuasive device, or stylistic device is a technique that an author or speaker uses to convey to the listener or reader a meaning with the goal of persuading them towards considering a topic from a perspective, using language designed to encourage or provoke an emotional display of a given perspective or action.
There is the use of force in persuasion, which does not have any scientific theories, except for its use to make demands. The use of force is then a precedent to the failure of less direct means of persuasion. Application of this strategy can be interpreted as a threat since the persuader does not give options to their request. [citation needed]
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 ...