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Source of law that a judge must evaluate when making a decision in a case. For example, statutes from the same state where a case is being brought, or higher court decisions, are binding authority for a judge.

Also, the decisions of the United States Supreme Court are mandatory authority in all courts, federal and state, when the decisions cover points of federal law.

  • Is the Illinois court obligated to follow the Iowa Supreme Court’s decision on the issue?
  • If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court?

Binding versus Persuasive Authority

by Jelisa Potter

Binding Authority

Persuasive Authority

Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion.

Situation

Questions

A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state’s courts. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern.

Sources

1) <a href="http://legal-dictionary.thefreedictionary.com/Binding+Authority">Binding Authority</a>

2) <a href="http://legal-dictionary.thefreedictionary.com/Persuasive+authority">Persuasive Authority</a>

3)http://faculty.law.lsu.edu/toddbruno/mandatory_v__persuasive.htm

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