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Simple English definitions for legal terms
adverse authority
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A quick definition of adverse authority:
Adverse authority is when someone cites a legal source that goes against their argument. This can be a court decision, law, or other legal writing that doesn't support their position. Even if the opposing side doesn't mention it, lawyers are required to disclose adverse authority. It's like when you're playing a game and someone brings up a rule that goes against what you're doing. You have to follow the rule, even if it doesn't help you win.A more thorough explanation:
Definition: Adverse authority refers to legal precedents or decisions that are unfavorable to an advocate's position. It is a source, such as a statute, case, or treatise, cited in support of a legal argument.
Example: If a lawyer is arguing that their client should not be held liable for a certain action, but there is a previous court case where a similar action was deemed illegal, that case would be considered adverse authority. The lawyer would still need to acknowledge and address this precedent in their argument, even if it goes against their client's case.
This example illustrates how adverse authority can impact legal arguments and decisions. It shows that lawyers must consider all relevant legal precedents, even if they do not support their client's position.