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An attorney has a case in Iowa that has a legal issue to be decided. The attorney brings in a case from the neighboring state of Nebraska that was decided by the Nebraska Supreme Court. The judge in the state of Iowa is not REQUIRED to follow that Nebraska case, but can consider it. The case law is referred to as ___________________________________ authority since the Iowa judge may, but does not have to decide the same way as Nebraska.

Sagot :

Parrain

Answer: Persuasive authority

Explanation:

Persuasive authority is a decision that a court may follow but does not have to. The decision may be from courts with lower, equal, or higher standing with the court it is brought to but from another jurisdiction.

The case in question here will be dealt with according to Iowa state law so bringing a decision by the Nebraska Supreme Court is from another jurisdiction. The Iowa judge can either choose to follow the precedent set by Nebraska or not at their own discretion.

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