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Simple English definitions for legal terms
persuasive precedent
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A quick definition of persuasive precedent:
A persuasive precedent is a legal decision that a court can consider when making a ruling, but it is not required to follow it. It is like a suggestion or advice from another court. A binding precedent, on the other hand, is a decision that a court must follow. Precedents are important because they help judges make fair and consistent decisions based on similar cases that have been decided in the past.A more thorough explanation:
Definition: A persuasive precedent is a legal decision that is not binding on a court, but is entitled to respect and careful consideration. It is a precedent that a court may choose to follow, but is not required to do so.
Examples: If a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way. Another example is when a court considers a decision made by a lower court or a court in a different jurisdiction. The court may find the reasoning persuasive and choose to follow it, but is not required to do so.
Explanation: A persuasive precedent is not binding on a court, but it can still influence the court's decision-making process. The court may consider the reasoning and analysis used in the earlier decision and use it as a guide in making its own decision. However, the court is not required to follow the earlier decision if it does not find it persuasive or applicable to the current case.