# Which Authority Can Be Persuasive Authority? (Legal Question) --- ## 1. Complete Solution ### Given: - The question asks: **Which authority can be persuasive authority? Why?** We need to: - Identify types of authorities in law. - Determine which can be considered persuasive. - Explain the reasoning. ### Step 1: Types of Legal Authorities Legal authorities are generally of two types: 1. **Binding Authority (Mandatory Authority):** - Courts must follow these. - Includes statutes, constitutions, and higher court decisions within the same jurisdiction. 2. **Persuasive Authority:** - Courts may consider, but are not bound to follow. - Used when binding authority is absent or unclear. ### Step 2: Identifying Persuasive Authorities **Persuasive authorities can include:** - Decisions of courts from other jurisdictions (not directly binding) - Lower court decisions within the same jurisdiction - Obiter dicta (statements not essential to the decision) - Academic writings (textbooks, journal articles) - International court decisions - Customary practices ### Step 3: Explanation and Reasoning - Persuasive authorities are not binding because they do not come from a controlling jurisdiction or are not strictly required to be followed by the court. - However, they may influence the court's decision, especially in novel cases or where binding precedent is lacking. --- ## 2. Explanation of Each and Every Part ### Step 1 Explanation: - *Legal authorities* guide judges. **Binding authority** must be followed due to legal hierarchy (e.g., Supreme Court over lower courts). - **Persuasive authority** is considered for its reasoning or relevance but is not compulsory. ### Step 2 Explanation: - **Decisions from other jurisdictions**: If a U.S. state court considers an English or Australian case, it's persuasive, not binding. - **Lower court decisions**: A high court is not bound by a lower court but may be persuaded by its reasoning. - **Obiter dicta**: Comments not essential to previous decisions can guide but do not bind. - **Academic writings**: Legal scholars' opinions can clarify new or complex issues. - **International decisions and customs**: Helpful especially in matters of international law or where local law is silent. ### Step 3 Explanation: - The reason these are persuasive and not binding is because the source either lacks jurisdictional authority or the statement is not part of the legal rule directly established in prior cases. --- ## 3. Final Conclusion Statement **Final Answers:** 1. *Authorities that can be persuasive authority include:* - Decisions from courts of other jurisdictions - Lower court decisions within the same jurisdiction - Obiter dicta from previous judgments - Academic writings and commentaries - International court decisions - Customary practices 2. *Reason:* - These authorities are persuasive because, while not legally binding on the court, their reasoning or relevance may influence the court's decision, especially in the absence of binding precedent. **Summary:** - **Persuasive authority is any legal source that a court may consider for guidance but is not required to follow, such as decisions from other jurisdictions, academic writings, or obiter dicta.**