Simple English definitions for legal terms
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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.
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However, a court decision of persuasive authority is not binding precedent.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.
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.