Simple English definitions for legal terms
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Definition: An authoritative precedent is a legal decision made by a court that must be followed by lower courts in the same jurisdiction. It serves as a basis for determining later cases that involve similar facts or issues.
For example, if a higher court in a state has made a decision on a particular legal issue, lower courts in that state must follow that decision when similar cases arise. This is known as a binding precedent or authoritative precedent.
On the other hand, a persuasive precedent is a legal decision that is not binding on a court but is entitled to respect and careful consideration. For instance, if a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way.
Overall, authoritative precedent plays a crucial role in the legal system as it ensures consistency and predictability in the application of the law.