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Lack of case law


bigboy27
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If there isn't any relavant case in your circuit (in my case 1st) are you allowed to refer to other circuits if a matter goes to court?

i.e.:

There has yet to be any precedent established in this circuit your honor, but the 7th circuit established in Fields v. Webber that.......... etc.

Things along those lines.

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of course! case law from other circuits, districts, states, etc.... are considered persuasive, while cases from your circuit, district,state, etc are binding.

it is always best to have mandatory/binding case law, but if none has been established, certainly bring up any persuasive case law you can find.

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