What is the difference between controlling authority and persuasive authority?

• A. Persuasive authority binds the court; controlling does not.
• B. Controlling authority binds a court in a given jurisdiction; persuasive authority can influence but does not bind.
• C. They are interchangeable.
• D. Only statutes can be persuasive.

Answer: (B)

The difference hinges on binding force. Controlling authority is binding on a court within its jurisdiction, meaning the judge must follow it when deciding similar issues. Persuasive authority is not binding, but it can influence the judge’s reasoning and outcome by providing reasoning or alternative views from other courts, scholars, or jurisdictions. For example, a decision from another state or a lower court within the same system can be persuasive, as can a respected treatise or well-reasoned dicta in a controlling decision. Because it may shape how the issue is understood without requiring adherence, it’s not binding. That’s why the statement that controlling authority binds a court in a given jurisdiction and persuasive authority can influence but does not bind is the best description.