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      • Examples of persuasive authority include law review articles, legal treatises, decisions from other courts (especially higher courts), and even the opinions of legal experts. These sources can provide valuable insights and perspectives that a judge may find helpful in reaching a decision.
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  2. Persuasive authority is a source of law that carries some weight but does not bind a court. Learn how persuasive authority differs from mandatory authority and see examples of court decisions, Restatements, treatises, and jury instructions.

    • Secondary

      Statements about the law that come from unofficial...

    • Primary

      primary authority Primary tabs. Statements about the law...

  3. Feb 2, 2024 · For example, if there is little or no binding authority for your issue in your jurisdiction, you may want to cite to on-point cases outside of your jurisdiction. When citing cases that are merely persuasive, rather than binding, it is important to explain why the court should follow that precedent.

    • Jodi Kruger
    • 2017
  4. Using Persuasive Authority and Secondary Sources in Writing. 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.

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  5. Feb 9, 2024 · If you can't locate mandatory authority you may have to resort to persuasive authority - that is, primary law that is not binding, but that may be instructive for the court such as opinions from similar or surrounding jurisdictions. Think of persuasive authority as just that, persuasive.

    • Sherry Leysen
    • 2017
  6. precedent. In most circuits, for example, unpublished opinions – even from a court of appeals itself – cannot be cited as binding precedent. Instead, these cases are merely persuasive authority.

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  7. Apr 9, 2024 · What is Mandatory and Persuasive Authority? Mandatory authority consists of primary sources of law and it is binding and must be followed. Some examples are constitutions, statutes, legislation, and administrative rules.

  8. Feb 12, 2024 · Persuasive authority is never binding on a court, but you can consider citing to persuasive authority if no mandatory authority exists, or if you want to add more support to the mandatory authority you’ve cited. Understanding which resources are authoritative can be confusing.

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