How do you know if a case is binding or persuasive?
Asked by: Jared Howe | Last update: November 20, 2025Score: 4.9/5 (51 votes)
Persuasive versus Mandatory Authority: What's the Difference? Mandatory authority refers to cases, statutes, or regulations that a court must follow because they bind the court. Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow.
How can primary sources be either binding or persuasive?
Primary sources can be either persuasive or mandatory. Mandatory authority refers to cases, statutes, or regulations that the court must follow because it is binding on the court. Thus, lower courts are required to follow decisions from higher courts in the same jurisdiction.
What does it mean when a case is binding?
This determination, known as a holding , is binding on all lower courts within the jurisdiction, meaning that lower courts must apply this decision when presented with similar facts. The lower courts are thus bound, or required to follow the legal precedent set by the higher court.
Are court opinions mandatory or persuasive?
For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court. However, California courts are not bound by the decisions of other state courts, such as Arizona.
What is an example of persuasive authority?
A decision by a court of one jurisdiction is persuasive authority for courts of another jurisdiction. For example, decisions by federal courts do not bind state courts and vice versa, and decisions by courts of other states do not bind the forum state court.
Binding vs Persuasive Case Law
What is the difference between persuasive and binding authority?
Mandatory authority refers to cases, statutes, or regulations that a court must follow because they bind the court. Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow.
What is an example of persuasive example?
1. A teenager attempting to convince her parents that she needs to be able to stay out until 11pm instead of 10pm. 2. A student council president trying to convince school administrators to allow the students to have a dance after the final football game of the season.
How do we know if the outcome of a court decision is binding authority?
To determine what case law is binding, consider what court will decide the issue and whether it is a state or federal court. Binding authority is a precedential, final decision that a court must follow. See Court Opinions. If a decision is binding, a lower court does not have discretion to disregard it.
Are opinions legally binding?
(e) When review of published opinion has been granted
Pending review and filing of the Supreme Court's opinion, unless otherwise ordered by the Supreme Court under (3), a published opinion of a Court of Appeal in the matter has no binding or precedential effect, and may be cited for potentially persuasive value only.
Why do lawyers need to be persuasive?
Persuasion is a crucial skill in the legal profession. Lawyers need to effectively communicate and convince judges, juries, and even clients of their arguments. Mastering the art of persuasion can significantly impact the outcome of a case and the success of a lawyer's career.
What does binding a case mean?
Binding Case Law is Judge-Made Law that Inferior Courts Must Follow.
What is the legally binding decision on a case?
A binding decision represents the final verdict issued by an arbitrator or an arbitration panel that conclusively resolves the dispute between the parties involved.
What makes a law binding?
To be considered legally binding, a document must include the valid signatures of all parties entering into an agreement and outline all the duties and responsibilities each has to the other(s).
Who can overrule a judge?
Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.
When the U.S. Supreme Court decides a case, it is binding to?
The decisions of the Supreme Court are binding on all federal courts, and are binding on state courts regarding issues of the Constitution and federal law. A case from a state's highest court may be appealed to the Supreme Court if there is a federal legal question involved.
Are secondary sources binding or persuasive?
Secondary Sources are always persuasive authority in court, never mandatory (or binding). Secondary Sources help legal researchers understand an area of law and provide citations to relevant primary sources.
What is the difference between binding and persuasive precedent?
Generally, there are two types of legal precedents: Binding precedent – Precedent that a court must abide by in its adjudication of a case. Persuasive precedent – Precedent that a court may, but is not required to, rely on in deciding a case.
How to tell if a case is unpublished?
How to Determine if a Case Decision is Published or Unpublished. An unpublished case (state or federal) will have a notice at the top of the first page that states the case was not selected for publication.
Which conventions are legally binding?
An international convention or treaty is an agreement between different countries that is legally binding to the contracting States.
What limits a judge's decision making authority?
The decision-making authority of a judge is primarily limited by the principle of stare decisis. This Latin term refers to the practice of courts to abide by or adhere to principles established by decisions in earlier cases.
What makes a case binding authority?
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.
What must a court have to render a binding decision in a case?
In order to render a binding decision in a civil case, a court must have subject matter jurisdiction and in personal jurisdiction (in rem jurisdiction).
What are some examples of persuasive arguments?
For example, “The hourly minimum wage is not high enough for the average worker to live on.” This is probably a true statement, but persuasive arguments should make a positive case. That is, the thesis statement should focus on how the hourly minimum wage is low or insufficient.
What kind of supporting evidence can be used in persuasive text?
Writing to persuade others is most effective when the author uses “evidence” from real events (personal stories), quotes experts' opinions, or statistics, from reliable sources (reputable newspapers/magazines, authors with a background in the field, government/, industry studies and surveys, etc.).
What is the best example of persuasion?
Advertisements that urge viewers to buy a particular product are a form of persuasion. So are political debates, where candidates try to sway voters to their side. Persuasion is a powerful force in daily life and has a major influence on society and a whole.