Author Question: Define the terms binding authority and persuasive authority. What is the difference between the two? ... (Read 69 times)

bobbysung · **on:** Aug 3, 2018

Define the terms binding authority and persuasive authority. What is the difference between the two?

Which type of authority should it be your goal to locate when
conducting legal research?

Question 2

What is a case on point? What is a case on all fours?

Why is it important to find
these types of cases when researching case law?

Sierray · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

A binding authority is any source of law that a court must follow when deciding a case, including constitutions, statutes, regulations, and court decisions made by a superior court within the jurisdiction. A persuasive authority is any legal authority or source of law that a court may look to for guidance, but which it is not required to follow when making its decision. Persuasive authorities include cases from other jurisdictions and secondary sources of law, such as scholarly treatises.
The difference between binding authority and persuasive authority is that binding authority consists of any source that a court must follow, while persuasive authority is any legal authority that a court may look to for guidance but that it is not bound to follow. The researcher should strive to find binding authority when conducting legal research.

Answer to Question 2

A case on point is a case involving factual circumstances and issues that are similar to the case before the court. A case on all fours is a case in which all four elements of a case (the parties, the facts, the legal issues, and the remedies sought) are very similar.
It is important to find cases that are on point or on all fours because this is the first step in finding case law that is binding authority. The second step in finding binding authority is that it must be decided by a superior court within the controlling jurisdiction.