Legal Definitions - Persuasive authority

Persuasive authority refers to legal sources that a court may consider and choose to follow, but is not legally obligated to do so.

Unlike mandatory authority, which courts must obey, persuasive authority provides guidance and insight without creating a binding precedent. Courts often look to persuasive authority when dealing with new or complex legal questions where there isn't clear, binding law in their own jurisdiction, or when seeking well-reasoned arguments from other legal experts.

• Example 1: Interstate Legal Precedent

  Imagine a state court in Arizona is deciding a case involving a new type of online privacy violation. Arizona's laws haven't yet addressed this specific issue. The judge might look at a recent decision from the Supreme Court of California that thoroughly analyzed a similar online privacy matter and provided a detailed legal framework. While the California decision is not binding on the Arizona court (because they are in different states), the Arizona judge finds the reasoning compelling and decides to adopt a similar approach in their own ruling.

  How it illustrates the term: The California court's decision serves as persuasive authority because it offers a well-reasoned solution to a similar legal problem, which the Arizona court can choose to follow for guidance, even though it is not legally required to do so.

• Example 2: Scholarly Legal Commentary

  Consider a federal district court in Florida presiding over a complicated patent infringement dispute. The attorneys for both sides, as well as the judge, frequently refer to a highly respected legal treatise on patent law written by a leading academic expert. This treatise provides in-depth analysis, historical context, and interpretations of various patent statutes and case law.

  How it illustrates the term: The legal treatise is a form of persuasive authority. It is not a law itself, nor is it a court decision that binds the judge. However, its comprehensive and authoritative explanations of patent law principles are highly influential and can persuade the judge to adopt a particular interpretation or legal reasoning in their decision.

• Example 3: Decisions from Lower Courts or Courts of Equal Rank

  Suppose a state's highest court (the Supreme Court) is reviewing an appeal concerning a novel interpretation of a state environmental regulation. The lower appellate court had issued a detailed opinion on the matter. Additionally, another appellate court in a different district within the same state had ruled on a similar environmental issue a few years prior.

  How it illustrates the term: The decisions from the lower appellate court and the appellate court in the different district are persuasive authority for the state's Supreme Court. While the Supreme Court is not bound by these lower or co-equal rulings and can overturn them, it will carefully consider their reasoning and legal analysis. These decisions offer valuable perspectives that the Supreme Court may find convincing enough to incorporate into its own binding judgment, even though it has the ultimate discretion to agree or disagree.