An example does nothing which resolves one dispute by another dispute.

Explanation

Citing a contested or uncertain precedent to settle a legal question is no resolution at all — authority relied upon must itself be settled, or the original dispute remains unresolved.

Where this applies

• An attorney cites a case that is itself under appeal and unresolved to support his argument, and the court rejects the citation because relying on a disputed authority to settle a dispute resolves nothing.
• A party invokes a regulation that is currently being challenged as unconstitutional, and the judge declines to treat it as authoritative because citing a contested rule to settle a contested claim is circular.
• A mediator points to a prior arbitration award that both parties are disputing to justify a proposed settlement, and the parties reject the reference because an unsettled precedent cannot settle a live controversy.