← Back to glossary
Glossary

Persuasive precedent

A previous court decision that a later court can consider but isn't required to follow. Decisions from courts in other jurisdictions, or from lower courts, are typically persuasive but not binding.

A Tennessee state court isn't bound by an Ohio Supreme Court decision on Ohio law: but if Ohio has thoughtfully analyzed an issue Tennessee hasn't yet addressed, the Tennessee court might find the Ohio reasoning persuasive and adopt it. Same dynamic between federal Circuits and between trial courts.

The weight given to persuasive precedent varies. A well-reasoned decision from a respected court on a difficult issue can carry significant weight. A poorly reasoned decision from any court usually doesn't.