non-binding authority

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#NotACop
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non-binding authority

Postby #NotACop » Sun Nov 16, 2014 1:27 pm

I found a case for a memo that I have to write, and it happens to be from a different circuit. Only reason I want to use it is because the facts of the case are nearly identical to the facts of the case that I'm writing about. It is by no means my core argument, but my questions are, is it a bad idea to use it? And, if I can use it do I introduce the case differently?

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Attax
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Re: non-binding authority

Postby Attax » Sun Nov 16, 2014 1:34 pm

Is this a question for a final memo or an ungraded assignment?

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#NotACop
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Re: non-binding authority

Postby #NotACop » Sun Nov 16, 2014 1:38 pm

Final memo, and using it as a writing sample. I'm assuming the answer is not to use it, but I'm just making sure.

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A. Nony Mouse
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Re: non-binding authority

Postby A. Nony Mouse » Sun Nov 16, 2014 1:42 pm

I believe the question was alluding to any possible honor code governing submitted assignments.

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#NotACop
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Re: non-binding authority

Postby #NotACop » Sun Nov 16, 2014 1:45 pm

Ahhh, fair enough. Never mind then.

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transferror
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Re: non-binding authority

Postby transferror » Sun Nov 16, 2014 1:59 pm

Does that Circuit apply the same legal test at question in the same way as your Circuit? Or put differently, if that case had been in your Circuit, would it have come out the same way?

If "yes" and you can explain why, then include it. If "no," don't.




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