Memo - use federal case from another circuit Forum

[Extension_Cord]

Will it substantially effect my credibility to use a case from another federal circuit?

I found a really on point case in another circuit, but really weak cases in my own. I was wondering if its best to use the weaker one because its in my circuit or to use the other because I dont have space for both.

[ph14]

Will it substantially effect my credibility to use a case from another federal circuit?

I would only use it if I couldn't find anything at all from my own circuit. If you can't then it's okay to use a case from another circuit. Your job is to predict the law I think, so if you think the court will find the other Circuit persuasive, then you can use it. But binding precedent is obviously much, much better.

[flcath]

Will it substantially effect my credibility to use a case from another federal circuit?

I would only use it if I couldn't find anything at all from my own circuit. If you can't then it's okay to use a case from another circuit. Your job is to predict the law I think, so if you think the court will find the other Circuit persuasive, then you can use it. But binding precedent is obviously much, much better.

If we're talking about an objective memo, then this is the way to go.

[5ky]

Weak in terms of relevance, or support for your position? That's an important difference.

[NotMyRealName09]

This depends on whether your circuit has directly addressed the particular issue you are writing about. If your circuit has only tangentally dealt with the issue, or better yet, not discussed the issue at all, other circuit precedent can be highly persuasive, and is sometimes necessary due to lack of local on-point authority. However, if your circuit has addressed the issue, and the case from the other circuit conflicts with local authority or represents a split in authority amongst the circuits, then it is very weak, and possibly an example of what the law is not.