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KembaraXtra – Legal Terms – Persuasive Authority
A persuasive authority is a legal source that a court may consider but is not obliged to follow.
Such authorities can influence judicial reasoning and interpretation.
Examples include decisions from lower courts, foreign courts, obiter dicta, and academic writings.
Courts often rely on persuasive authorities when no binding precedent exists.
Persuasive authority differs from binding precedent under the doctrine of stare decisis.
A persuasive authority is a legal source that a court may consider but is not obliged to follow.
Such authorities can influence judicial reasoning and interpretation.
Examples include decisions from lower courts, foreign courts, obiter dicta, and academic writings.
Courts often rely on persuasive authorities when no binding precedent exists.
Persuasive authority differs from binding precedent under the doctrine of stare decisis.
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