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Which of the following is not a form of persuasive authority?
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Judgments from the Court of Justice of the European Union (CJEU) are binding on UK courts in matters of EU law and are not merely persuasive. Conversely, decisions from other countries, academic commentary, judgments from the European Court of Human Rights, and obiter dicta (comments made by a judge that are not essential to the decision) are considered persuasive authority, which may influence but do not bind the court.
Key Point: Differentiating between binding and persuasive authorities is crucial for legal reasoning and argumentation, ensuring that legal practitioners apply the appropriate level of authority in their cases.
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