[PDF] Judge and Jurisconsult- Coercive and Persuasive Authority in

Is a court decision persuasive authority or mandatory authority?

Whether a court decision is persuasive authority or mandatory authority depends on the rank and jurisdiction of the courts involved. A decision by a lower court is persuasive authority for a higher court. Therefore, a decision by any other court is persuasive authority for the Supreme Court because it is the highest court in the United States.

How do you cite a case that is merely persuasive?

When citing cases that are merely persuasive, rather than binding, it is important to explain why the court should follow that precedent. Such explanation may include: Although the court in question has not decided the issue, every other court that has heard the issue has come to the same conclusion;

Which cases are considered mandatory authority?

Accordingly, cases which are both (1) from a higher court, and (2) in the same jurisdiction are considered mandatory authority. All courts, federal and state, are bound by the decisions of the U.S. Supreme Court on U.S. Constitutional and other issues of federal law.

When should you cite a case outside your jurisdiction?

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.