How do you know if a case is binding or persuasive?

How do you know if a case is binding or persuasive?

Binding authority, also referred to as mandatory authority, refers to cases, statutes, or regulations that a court must follow because they bind the court. Persuasive authority refers to cases, statutes, or regulations that the court may follow but does not have to follow.

Why is authority persuasive?

The principle of “authority” — one of the six basic principles of persuasion — states that people want to follow the lead and advice of legitimate experts. Your expertise only helps you, however, if the people you are trying to influence know about it.

What is an example of mandatory authority?

Mandatory Authority All courts, federal and state, are bound by the decisions of the U.S. Supreme Court on U.S. Constitutional and other issues of federal law. In the federal courts, circuit courts tend to follow decisions previously issued within that circuit.

What is an example of binding authority?

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.

How do you use persuasive authority?

You can cite to secondary sources and persuasive authority in legal documents but must know when it is appropriate. If there is no mandatory authority in your jurisdiction, look to persuasive authority. The strongest persuasive authority will likely be primary authority from a higher court or a court of the same level.

What is the difference between authoritative and persuasive sources of law?

Courts are bound by authoritative sources, whereas persuasive sources may lead a court to come to a specific conclusion.

What is an example of persuasive precedent?

Persuasive precedent For example, a precedent established by the Supreme Court of New South Wales is persuasive but not binding on the Supreme Court of Victoria, since these courts are not in the same hierarchy and are of equal authority.

What is persuasive precedent in law?

Persuasive precedent. Precedent that a court may, but is not required to, rely on in deciding a case. Examples of persuasive precedent include: decisions from courts in neighboring jurisdictions; and. dicta in a decision by a higher court.

Which of the following is considered persuasive authority?

Persuasive authority is what the court may consider when analyzing an issue, but it is not on what the court is required to base its decision. Examples of persuasive authority are law review articles and judicial decisions from other jurisdictions.

What do you mean by implied authority?

An agent’s power to act on behalf of a principal, intentionally granted by the principal as a result of the principal’s conduct, but without an express agreement. Failure to object after a prior exercise of such power may give rise to implied authority.

What does persuasive precedent mean?

What is authoritative case law?

An authoritative source, in the legal context, is a body of law which takes precedence over others. An authoritative source is known to be reliable because its authority or authenticity is widely recognized.