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LEGAL-RESEARCH-SKILLS5 MIN READ

Sort Binding, Persuasive, And Background Authority

Classify legal authority by binding, persuasive, or background weight.

Sort the authority by its legal weight for the stated forum. Binding or controlling Persuasive authority Background or orientation Texas Supreme Court decision on the same state-law issue Texas intermediate appellate case with no contrary higher authority Current Texas statute governing the claim Fifth Circuit prediction of Texas law Oklahoma Supreme Court case on a similar common-law rule California appellate case with similar facts but different law Practice blog summarizing a national trend Restatement section used where state law is unsettled Binding Persuasive Background Court Jurisdiction

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