Persuasive Authority Law and Legal Definition

Persuasive authority means sources of law that the court consults in deciding a case. It may guide the judge in making the decision in the instant case. But it is not a binding precedent on the court under common law legal systems such as English law. Persuasive precedent may come from a number of sources such as lower courts, horizontal courts, foreign courts, statements made in dicta, treatises or law reviews.

Appellate courts may look to rulings in other jurisdictions as persuasive authority, but persuasive authority means that the reasoning advanced in support of the holding is analytically compelling. [State v. Southers, 1988 Ohio App. LEXIS 4648 (Ohio Ct. App., Pickaway County Nov. 23, 1988)].