Which is an appropriate use of persuasive cases?

Which is an appropriate use of persuasive cases?

• A. To overrule controlling circuit decisions
• B. To decide cases not yet argued
• C. When there is a scarcity of mandatory authority on point
• D. To replace statutory law

Answer: (C)

Persuasive authority refers to non-binding authorities that a court may cite to support its reasoning when there isn’t controlling precedent on point. It’s appropriate to rely on persuasive cases mainly when there is a scarcity of mandatory (binding) authority to tell the court how to decide the issue. They help the judge reason through novel or unsettled questions by showing how other courts have approached similar problems, without dictating the outcome. They cannot overrule binding circuit decisions, since those decisions carry mandatory authority that must be followed. They also cannot decide a case or its outcomes on their own, as final decisions come from applying the law and facts of the current case to binding authorities. Finally, they cannot replace statutory law; statutes remain binding, and persuasive authorities may interpret or illuminate them but do not substitute for statutory commands.

Persuasive authority refers to non-binding authorities that a court may cite to support its reasoning when there isn’t controlling precedent on point. It’s appropriate to rely on persuasive cases mainly when there is a scarcity of mandatory (binding) authority to tell the court how to decide the issue. They help the judge reason through novel or unsettled questions by showing how other courts have approached similar problems, without dictating the outcome.

They cannot overrule binding circuit decisions, since those decisions carry mandatory authority that must be followed. They also cannot decide a case or its outcomes on their own, as final decisions come from applying the law and facts of the current case to binding authorities. Finally, they cannot replace statutory law; statutes remain binding, and persuasive authorities may interpret or illuminate them but do not substitute for statutory commands.