Persuasive Authority

Per-sway-siv au-thor-i-ty

A legal source, such as a court decision from another jurisdiction, that is not binding precedent but can be cited to influence a court's decision.

The attorney cited persuasive authority from a similar case in another state to support her argument.

There aren't many landmark cases directly on persuasive authority, but it's a common legal concept.

Frequently Asked Questions

Binding precedent is law that a court must follow, while persuasive authority is not binding but can be influential.

The similarity of the case to the current case, the reputation of the issuing court, and the persuasiveness of the reasoning.

Lawyers can cite persuasive authority to support their arguments and try to convince the court to adopt a particular legal position.