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Joseph
Joseph, Lawyer
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civil case: case law - If I find case law that is very similar,

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civil case: case law - If I find case law that is very similar, but not exactly the same as my case, but a dissent in that case outlines my situation exactly, can I introduce that opinion to argue a point in my case?
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My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

You are free to introduce that opinion in arguing your case. However, since the dissent is not the law it doesn't have any authority for the court.

You would basically need to convince them that they shouldn't follow the actual law because the dissent's argument is more convincing. If you are arguing this before an appellate court, such an argument is possible; but it would almost certainly be counterproductive to argue this in a trial court, since they find their duties to be fact finders and will almost certainly choose to follow established precedent.


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Customer: replied 3 years ago.

The issue is not to have the court disregard the actual law, it's the opposite. This judge is disregarding crucial evidence by misinterpretation of ORC 2907.323(A)(1). The dissent I want to introduce points out the same exact misinterpretation in State v. Graves, 184 Ohio App.3d 39, 2009-Ohio-974

 

EDIT:

I only want the court to allow me to use the evidence in proving defamatory statements (child porn) are true. She is currently saying the nude images plaintiff took of my granddaughter are not relavant. Can this help?

I understand, but if the dissent is making the argument and the majority opinion supports the judge's analysis of the law, it will not help you to argue the dissenting opinion.
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