Reply below: --- In FairfieldLife@yahoogroups.com, bob_brigante <[EMAIL PROTECTED]> wrote: **SNIP > > "...courts often rely on persuasive precedent from courts in other > jurisdictions that have previously dealt with similar issues." > > http://en.wikipedia.org/wiki/Precedent > > I can't imagine a court considering this challenge by the AFA to > teaching convicts TM without referencing Malnak, and the use of > ceremonies (the puja) in teaching TM is probably going to be enough > for the court to find against Anklesaria's TSRP, even though he is > not teaching SCI along with TM: > > "The concurring opinion in the Malnak case referenced three factors > to consider in determining whether a particular belief system > constitutes a religion for purposes of the Establishment Clause: (1) > Does the belief system address fundamental questions, or areas of > ultimate concern [e.g., theories of man's nature or his place in the > universe]? (2) Does the belief system proffer a comprehensive > systematic series of answers to these fundamental questions? (3) Are > there any practices that may be analogized to accepted religions > [e.g., formal services, ceremonial functions, existence of clergy > etc.]?" > > http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html > **END**
Though true in theory, the persuasive authority of other courts from other districts or jurisdictions are pretty negligible. When such outside authority is cited the judge will almost always note on the record that such authority is not binding. But, it's true that if the arguments contained within another court are well-constructed, the court will sometimes import the arguments into their own decision. If, however, you're making an argument only (or even just primarily) using non-binding authority you are in a very weak position (generally). To subscribe, send a message to: [EMAIL PROTECTED] Or go to: http://groups.yahoo.com/group/FairfieldLife/ and click 'Join This Group!' Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/FairfieldLife/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
