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Simple English definitions for legal terms

Persuasive authority

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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However, a court decision of persuasive authority is not binding precedent.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.

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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