Free tool · Legal Research and Writing
Binding or Persuasive? How Much Weight Does a Source Carry
Mandatory (binding) authority is primary authority that the court must follow: a valid statute or regulation of the governing jurisdiction, and the holdings of higher courts in the same system on the question. Persuasive authority is anything the court may consider but is free to reject, such as decisions of courts in other states or other circuits, dicta, dissents, trial court opinions and secondary sources. Whether a case is binding depends on which court is deciding, which law governs the question (state or federal) and whether the case is still good law. A citator check is always part of the answer.
Tool · Is This Authority Binding?
Mandatory authority (binding)
- An intermediate appellate court’s decision binds the trial courts of the state (or its district), and the state’s other courts follow it unless it conflicts with another district’s.
- Always run a citator (KeyCite or Shepard’s) to confirm that a case is still good law, and cite binding authority first.
Tells you how much weight a source carries in the court where you are arguing: mandatory (the court must follow it), persuasive (it may follow it), or no weight. It applies the usual American hierarchy of courts, the difference between holding and dicta, and the effect of a citator warning. The hierarchy is simplified (for example, federal courts applying state law, and courts that treat intermediate decisions differently) and always needs a citator check. A teaching aid, not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Say what kind of source it is and which law governs your question.
- Choose the court where you are arguing and the court that decided the case.
- Say whether you rely on the holding, and whether the case is still good law.
- Read the weight, the reasons and what to do next.
Common questions
Does the US Supreme Court bind state courts?
On questions of federal law, yes. On questions of state law, no, because the state’s highest court has the last word on its own law.
Can a court ignore a persuasive authority?
Yes. It may follow the reasoning, especially if there is no binding authority, but it is not required to.
Why does a citator matter?
Because a case that has been overruled or superseded is no longer good law, and a citator (KeyCite, Shepard’s) warns you before you rely on it in a brief.
Learn the law behind the tool
This tool is part of our Legal Research and Writing course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Legal Research and Writing: Research Fundamentals.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.