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Persuasive Authority

   Also found in: Wikipedia 0.01 sec.

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.



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So, while these documents do not have the force of law, they do have persuasive authority when it comes to establishing policy and determining scope of practice.
Unpublished opinions are not considered binding precedent, but they may be cited as persuasive authority.
For instance, before her retirement, Justice O'Connor stated that "conclusions reached by other countries and by the international community, although not formally binding upon our decisions, should at times constitute persuasive authority in American courts.
 
 
 
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