The highest court in state B defines the term malice.The highest court in state A looks to the state B definition when defining the term.The state B definition is:
A)Primary authority
B)Persuasive authority
C)Secondary authority
D)Mandatory authority
E)All of the above
F)Answers a and d above
G)Answers a and b above

Question

Quizplus · Accepted Answer

The state B definition is the primary authority since it is coming from the highest court in that state. When the highest court in state A looks to state B's definition, it is considered persuasive authority since it is not binding. Therefore, the correct answer is G, which includes both primary (a) and persuasive (b) authority. Choice D is incorrect because secondary authority is usually commentary, treatises, or other sources that interpret primary authority.

The Highest Court in State B Defines the Term Malice