Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Persuasive authority

Read a random definition: but see

A quick definition of Persuasive authority:

Persuasive authority is a type of law that carries some weight but does not bind a court. It can come from court decisions, such as when a lower court decision is used as persuasive authority for a higher court. Other sources of persuasive authority include Restatements, treatises, and jury instructions. While a court may choose to follow persuasive authority, it is not required to do so.

A more thorough explanation:

Persuasive authority refers to a source of law, either primary or secondary, that carries some weight of authority but does not bind a court.

Whether a court decision is persuasive or mandatory authority depends on the rank and jurisdiction of the courts involved. A decision by a lower court is persuasive authority for a higher court. For example, a decision by a state trial court is persuasive authority for a state appellate court. A decision by a court of the same rank is also persuasive authority.

However, a court decision of persuasive authority is not binding precedent. A court may choose to rely on and follow the decision, but it is not required to do so.

  • A decision by a federal court is persuasive authority for a state court.
  • A decision by a state appellate court is persuasive authority for a state trial court.
  • A decision by the Supreme Court is not persuasive authority for any other court because it is the highest court in the United States.

These examples illustrate how the rank and jurisdiction of the courts involved determine whether a court decision is persuasive authority.

Other sources that are persuasive authority include Restatements, treatises, and jury instructions. The weight of authority a court gives to these sources varies among jurisdictions.

A treatise on contract law may be persuasive authority for a court deciding a contract dispute.

This example shows how a treatise can be used as persuasive authority in a court decision.

personalty | pet trust

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
LSD+ is ad-free, with DMs, discounts, case briefs & more.