Mandatory vs. Persuasive Authority

Things may seem a little tricky when trying to figure out which authority is mandatory and which is persuasive. When in doubt, follow these simple steps:

1. Is the authority primary authority or secondary authority? If it is secondary authority, then the authority is persuasive it best. Secondary authority is always persuasive, and can never be mandatory authority.
2. If the authority is primary authority (a case or a statute), then it may be either mandatory or persuasive, and we need to look into this more closely.
3. Think about the jurisdiction you are in, and whether the primary authority is from this same jurisdiction. A statute from the jurisdiction you are in must be followed by a court within that jurisdiction. That would make a statute within the same jurisdiction mandatory authority. If it is from a different jurisdiction, it is still a statute, so it remains primary authority, but it is not mandatory on a jurisdiction outside its own, so it would be persuasive authority.
4. A case within your jurisdiction may be persuasive on higher level or equivalent level courts, yet mandatory on lower level courts within the same jurisdiction. A case form outside your jurisdiction, is persuasive only and can never be mandatory on your jurisdiction. Remember, the case will still be (and will always be) primary authority since it is a case.