can someone explain federal rule of appellate procedure 32.1?

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snarfing
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can someone explain federal rule of appellate procedure 32.1?

Post by snarfing » Sat Mar 10, 2018 9:43 pm

Im doing my fake oral argument and the opposing side relied heavily on a case that has a disclaimer on top "non precedential" and says its governed by rule 32.1

im like 1/2 way through civil procedure so I dont know much on the topic and the internet is confusing me

bruh
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Re: can someone explain federal rule of appellate procedure 32.1?

Post by bruh » Sat Mar 10, 2018 9:45 pm

it means that the unpublished is "unpublished" and non-binding precedent. These cases may be relied upon for their persuasive value, but that's about it.

bruh
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Re: can someone explain federal rule of appellate procedure 32.1?

Post by bruh » Sat Mar 10, 2018 9:46 pm

The Committee notes explain the reason for the rule. In the past, some circuits used to restrict altogether any reliance (or citation) to their unpublished opinions, which is dumb AF. The rule just makes clear that that practice is no longer allowed.

generally speaking, many (if not a majority) or circuit dispositions go unpublished and the litigants are not granted the right to orally argue. This is because the majority of cases are easy to resolve: the issues are not really in dispute, etc. Publishing usually happens when the court is interpreting a new law, explaining a new law, modifying a new law, or the case is of significant interest for w/e reason
Last edited by bruh on Sat Mar 10, 2018 9:48 pm, edited 1 time in total.

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snarfing
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Re: can someone explain federal rule of appellate procedure 32.1?

Post by snarfing » Sat Mar 10, 2018 9:46 pm

bruh wrote:
Sat Mar 10, 2018 9:45 pm
it means that the unpublished is "unpublished" and non-binding precedent. These cases may be relied upon for their persuasive value, but that's about it.
so I should probably point that out, I'm guessing.

bruh
Posts: 600
Joined: Fri Jan 26, 2018 9:04 pm

Re: can someone explain federal rule of appellate procedure 32.1?

Post by bruh » Sat Mar 10, 2018 9:49 pm

snarfing wrote:
Sat Mar 10, 2018 9:46 pm
bruh wrote:
Sat Mar 10, 2018 9:45 pm
it means that the unpublished is "unpublished" and non-binding precedent. These cases may be relied upon for their persuasive value, but that's about it.
so I should probably point that out, I'm guessing.
yeah that sounds like a good strategy. just say it's not binding on the Court and try to find good reasons why the Court shouldn't adopt the reasoning regardless

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