Legal Definitions - persuasive precedent

Definition: A persuasive precedent is a legal decision that is not binding on a court, but is entitled to respect and careful consideration. It is a precedent that a court may choose to follow, but is not required to do so.

Examples: If a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way. Another example is when a court considers a decision made by a lower court or a court in a different jurisdiction. The court may find the reasoning persuasive and choose to follow it, but is not required to do so.

Explanation: A persuasive precedent is not binding on a court, but it can still influence the court's decision-making process. The court may consider the reasoning and analysis used in the earlier decision and use it as a guide in making its own decision. However, the court is not required to follow the earlier decision if it does not find it persuasive or applicable to the current case.