Noncitable refers to something that lacks the ability to serve as a legal precedent for future cases due to a lack of authorization by a court. In some cases, unpublished opinions may also be considered noncitable. However, it is important to note that the rules regarding noncitable materials may vary depending on the court. Noncitable is also known as uncitable and stands in contrast to citable, which denotes the ability to be used as a legal example.
Noncitable refers to something that lacks authorization from a court to serve as legal precedent. As a result, it cannot be utilised as a point of reference or example in subsequent legal cases. For instance, unpublished opinions are often deemed noncitable, although this may vary depending on court regulations. This implies that if a court reaches a decision in a case but does not publish the corresponding opinion, that decision cannot be cited in future cases. Another example of noncitable material could be a legal opinion authored by a lawyer or legal expert rather than a judge or court official. Such opinions may not be considered citable since they do not originate from an official court source. In general, noncitable material lacks reliability and authority in legal proceedings due to the absence of court or judge authorization.
When a case is noncitable, it means that it cannot be used as a legal precedent or authority in future cases. It may have limited or no value in influencing or guiding legal decisions.
There are various reasons why a case may be designated as noncitable. It could be due to procedural irregularities, errors in the court’s decision, or the case being considered an outlier that does not reflect established legal principles.
While noncitable cases cannot be used as binding authority, they may still be used for persuasive purposes. Attorneys can reference noncitable cases to support their arguments, but judges are not obligated to follow them.
Typically, the designation of a case as noncitable will be explicitly stated in the court’s decision or opinion. Additionally, legal databases and research tools often indicate whether a case is citable or noncitable.
Yes, noncitable cases can be overturned or reversed through subsequent legal proceedings. If a higher court reviews the case and issues a new decision, the noncitable status may be lifted.
Yes, noncitable cases are still published and accessible to the public. They are included in legal databases and can be accessed by legal professionals and researchers.
Noncitable cases can be used in legal education and academic research to provide historical context or demonstrate legal trends. However, they should not be relied upon as binding authority.
Noncitable cases can be cited in legal briefs or court filings, but their persuasive value may be limited. It is important to clearly indicate that the case is noncitable and explain its relevance to the argument being made.
The use of noncitable cases in administrative proceedings or alternative dispute resolution may vary depending on the specific rules and guidelines of the process. It is advisable to consult the relevant authorities or seek legal advice in such situations.
Yes, there is a possibility for a noncitable case to become citable in the future. If a higher court or legislative action recognizes the case as establishing a new legal principle or precedent, its noncitable status may be lifted.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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