persuasive authority

noun

  • Dispute Resolution
  • Common law systems

Definitions of persuasive authority

  • legal writings that may help guide a court in reaching a decision, but which are not binding. Examples of persuasive authority include opinions from lower courts, opinions from courts in other jurisdictions, comments made by higher courts as obiter dicta things said in a judgment that are not essential to the decision and which are not binding precedent, dissenting judgments and articles from legal journals

    The court noted the lack of either binding or persuasive authority on the issue but considered certain cases which provided guidance.

Phrase Bank for persuasive authority

  • Court of appeals decisions are persuasive authority in the other circuits

  • The concept of persuasive authority continues to play an important role

  • Secondary sources often serve as persuasive authority in support of a point of law

  • The decision based on the most closely matching factual situations will be the stronger persuasive authority

  • A court’s decision can be used as persuasive authority in any state.