To classify a judicial decision as "Best" or "Fair/Weak Authority," what should you compare?

To classify a judicial decision as "Best" or "Fair/Weak Authority," it's essential to compare the legal issue and facts of the decision to your client’s situation. This comparison determines how closely the circumstances and legal principles of the case at hand align with those affecting your client.

A decision deemed as "Best Authority" typically shares similar facts and legal issues with your client's case, which enhances its relevance and persuasive value. Conversely, decisions that differ significantly in these aspects may be categorized as "Fair/Weak Authority" since they may not effectively support the arguments being made for your client. This practical approach provides a more tailored understanding of which precedents are most applicable and beneficial for the case at hand.

In contrast, merely focusing on the case names could lead to overlooking critical differences in facts or applicable law, while assessing judges' opinions lacks the thorough contextual comparison necessary for the authority evaluation. Evaluating the number of citations might indicate a case's general acceptance or influence in legal circles, but it does not address the specific applicability of a case to your client’s situation.