3. Persuasive Authority
• Persuasive authority means that a court may follow the opinion or reasoning of the “persuasive” case but it is not required. The decision to follow persuasive authority depends on the stature of the court deciding the earlier case, the reasoning of the opinion, the similarity to the instant case, and whether the current court agrees with the case.
• A federal circuit or district court decision on a question of federal law may or may not be persuasive to a state court considering the same issue.
• A decision of one circuit may or may not be persuasive to another.
• A state appellate court decision on a question of state law may or may not be persuasive to a federal court deciding the same issue.
• Dicta is not
• Persuasive authority means that a court may follow the opinion or reasoning of the “persuasive” case but it is not required. The decision to follow persuasive authority depends on the stature of the court deciding the earlier case, the reasoning of the opinion, the similarity to the instant case, and whether the current court agrees with the case.
• A federal circuit or district court decision on a question of federal law may or may not be persuasive to a state court considering the same issue.
• A decision of one circuit may or may not be persuasive to another.
• A state appellate court decision on a question of state law may or may not be persuasive to a federal court deciding the same issue.
• Dicta is not