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Transcript

Binding versus Persuasive Authority

By: Jake Levens

The Result

THIS IS

  • By Illinois following the decision of Iowa, this would be considered persuasive authority
  • Illinois is a separate court system than Iowa therefore they are not required to follow their jurisdictional decision.
  • If the U.S. Supreme court decided a similar case then Illinois is bound to the decision.

THE END

Illinois Case

Persuasive Authority

  • A county court in Illinois is deciding a case on an issue that has never been addressed in that state's courts.
  • The Iowa Supreme court recently decided a case involving a very similar fact pattern. (Iowa Supreme court is the largest court in Iowa).
  • When an issue is raised that has not been raised before, the court has no precedents to base its decision.
  • "cases of first impression" are important, so courts look at precedents established in other jurisdictions for guidance
  • precedents from other jurisdictions are not binding on the court, so these are referred to as persuasive authority.

Binding Authority

  • Any source of law that a court must follow when citing a case.
  • INCLUDES: Constitutions, statutes, and regulations that govern the issue, and court decisions that are controlling precedents within the jurisdiction.
  • U.S. Supreme court decision, no matter how old remain in control until they are overruled by some other subsequent party.
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