Which statement best describes a persuasive precedent?
Correct answer: D. A judicial decision that may influence a court but does not bind it
- A. A decision that has legal force only when approved by a jury
- B. A decision that automatically overrides every statute
- C. A decision that binds only the judge who originally delivered it
- D. A judicial decision that may influence a court but does not bind it
Explanation
A persuasive precedent can guide judicial reasoning but leaves the later court free to accept or reject it. A binding precedent has compulsory authority within the relevant judicial hierarchy, subject to recognised exceptions.
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About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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