Legal Definitions - Persuasive authority

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However, a court decision of persuasive authority is not binding precedent.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