In general,
a decision by a court of the same rank
is persuasive authority. For example, trial court decisions are not binding in the same trial court. … For example, decisions by federal courts do not bind state courts and vice versa, and decisions by courts of other states do not bind the forum state court.
Persuasive authorities include
decisions of courts of equal or lesser standing, decisions of courts outside the English legal system
(particularly, courts of Commonwealth countries having systems based on the common law), * obiter dicta, and the opinions of eminent textbook writers.
Persuasive authority refers
to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow
. Thus, the holding from a court in another jurisdiction or a lower court in the same jurisdiction is persuasive authority.
What is an example of persuasive precedent?
Legal precedent set in the federal court system is not generally binding on any state court, though it is commonly used as persuasive precedent. precedent example: …
If the photographer appeals the matter to a higher court, the appeals court has no obligation to defer to the lower court’s decision
.
Source of law
that a judge must evaluate when making a decision in a case
. For example, statutes from the same state where a case is being brought, or higher court decisions, are binding authority for a judge.
Primary authority such as cases or statutes may be
mandatory or binding if they are from your jurisdiction
or they may be merely persuasive if from another jurisdiction.
Examples of primary authority include the verbatim texts of:
Constitutions
; Basic laws; Statutes (whether codified or uncodified);
What does persuasive sources of law mean?
Customary law
, like indigenous law, is also recognised as a persuasive source of law. Textbooks and journal articles can also be a persuasive source of law, if they are methodical and convincing. They do not have inherent authority on their own. These works are written by academics, lawyers, judges, etc.
In reaching a legal decision a judge may base her opinion on both persuasive authority or mandatory authority. Persuasive authority consists of written opinions by lower courts or courts of other jurisdictions that
a judge is not obligated to follow
but which may help inform the judge’s decision.
How do you know if a case is binding or persuasive?
In general,
a decision by a court of the same rank is persuasive authority
. For example, trial court decisions are not binding in the same trial court. … Although court decisions of persuasive authority are not binding precedent, a court may choose to rely on and follow the decisions.
What 2 types of precedents exist?
- Binding precedent. Precedent that a court must abide by in its adjudication of a case. …
- Persuasive precedent. Precedent that a court may, but is not required to, rely on in deciding a case.
What are the three types of persuasive precedent?
Types of persuasive precedent include
Privy Council judgments, judgments of the ECJ, and foreign judgments
. Dissenting judgments are persuasive but can be binding if made by a very important judge.
What is a precedent example?
The definition of precedent is a decision that is the basis or reason for future decisions. An example of precedent is
the legal decision in Brown v. Board of Education guiding future laws about desegregation
. … The president followed historical precedent in forming the Cabinet.
A binding authority is an agreement in which
an insurer
gives full authority to an agent (typically an insurance broker) to act on their behalf for the purpose of underwriting. Once the agent has binding authority, they are legally allowed to sell policies on the insurer’s behalf.
What does to bind mean?
1 :
to tie or wrap securely
(as with string or rope) The machine binds the hay into bales. 2 : to hold or restrict by force or obligation The oath binds you. 3 : to wrap or cover with a bandage bind a wound. 4 : to cause to be joined together closely … the increased affection which comes to bind households…—
Headnotes appear before the judicial opinion and are generally written by a publisher’s editors. Headnotes are a great research tool but
are not considered legal authority
and should never be cited to.
