persuasive precedent

persuasive precedent
A precedent set in a court that has no precedence over another but whose decisions are considered to be sufficiently useful that they may be used, although they are not binding until used by a superior court.

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  • Persuasive precedent — (also persuasive authority) is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law legal systems such as English law. However, persuasive authority may guide the judge… …   Wikipedia

  • Precedent — In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts. DescriptionThe precedent on an issue is …   Wikipedia

  • precedent — pre·ce·dent 1 /pri sēd ənt, pre səd / adj [Middle French, from Latin praecedent praecedens, present participle of praecedere to go ahead of, come before]: prior in time, order, arrangement, or significance see also condition precedent at… …   Law dictionary

  • persuasive authority — See judicial dicta; precedent …   Ballentine's law dictionary

  • Binding precedent — In law, a binding precedent (also mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as… …   Wikipedia

  • Stare decisis — (Anglo Latin pronunciation: /ˈstɛəri dɨˈsaɪsɨs]) is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et …   Wikipedia

  • Liversidge v. Anderson — [1942] A.C. 206 is an important and landmark case in English law which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times of national emergency.… …   Wikipedia

  • Concurring opinion — Legal opinions Judicial opinions Majority opinion Dissenting opinion Plurality opinion Concurring opinion Memorandum opinion This box: view · opinion by one o …   Wikipedia

  • Hamdan v. Rumsfeld — SCOTUSCase Litigants=Hamdan v. Rumsfeld ArgueDate=March 28 ArgueYear=2006 DecideDate=June 29 DecideYear=2006 FullName=Salim Ahmed Hamdan, Petitioner v. Donald H. Rumsfeld, United States Secretary of Defense; John D. Altenburg, Jr., Appointing… …   Wikipedia

  • Daniel v. Waters — Court United States Court of Appeals for the Sixth Circuit Full case name Joseph C. Daniel, Jr., et al., v. Hugh Waters, Chairman, Textbook Commission of the State of Tennessee, et al …   Wikipedia

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