3 ms·
A nitpick: the usual term is "persuasive", as in "we find the argument of our brother court to be persuasive". This typically means that the foreign case does,
by jacques_chester 7y ago
A nitpick: the usual term is "persuasive", as in "we find the argument of our brother court to be persuasive". This typically means that the foreign case does, in fact, become precedent by proxy.
For example, as an Australian law student, I read Marbury v. Madison, which was held persuasive in Australia because of the direct influence between the US constitution and Australian constitution. Another case with enormous worldwide effect is Donoghue v Stevenson, which was the beginning of modern Torts law.
- MaupitiBlue 7y agoIn the US we read an Australian torts case involving ships burning in a harbor.