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1, You are a California attorney arguing a case before the California Court or Appea (an intermediate appellate court). You found an Oregon Supreme court
1, You are a California attorney arguing a case before the California Court or Appea (an intermediate appellate court). You found an Oregon Supreme court case that addressed the exact issue that your court must decide. You want to bring this Oregon decision to your court's attention because if the court applies it in your case, your client ill win. a. The Oregon Supreme Court case is primary authority and the California Court of Appeal must apply it-that is, it is primary and mandatory authority The Oregon Supreme Court case is primary authority, but the California Court of Appeal does not have to apply it -that is, it is primary and non- mandatory (aka "persuasive") authority b. c. The Oregon Supreme Court case is non-authority - that is, the California Court of Appeal must not consider it. The Oregon Supreme Court case is secondary authority- that is, it may be considered as persuasive (non-mandatory) authority by the California Court of Appeal, but it is not the law anywhere (not even in Oregon). d. 1, You are a California attorney arguing a case before the California Court or Appea (an intermediate appellate court). You found an Oregon Supreme court case that addressed the exact issue that your court must decide. You want to bring this Oregon decision to your court's attention because if the court applies it in your case, your client ill win. a. The Oregon Supreme Court case is primary authority and the California Court of Appeal must apply it-that is, it is primary and mandatory authority The Oregon Supreme Court case is primary authority, but the California Court of Appeal does not have to apply it -that is, it is primary and non- mandatory (aka "persuasive") authority b. c. The Oregon Supreme Court case is non-authority - that is, the California Court of Appeal must not consider it. The Oregon Supreme Court case is secondary authority- that is, it may be considered as persuasive (non-mandatory) authority by the California Court of Appeal, but it is not the law anywhere (not even in Oregon). d
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