Explain the difference between binding and persuasive authority, and what happens in the event of an issue of first impression.
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Binding authority is mandatory authority that courts within a jurisdiction must follow. In contrast, a court is not bound by persuasive authority. A court may consider it for persuasive value, but it is not required to follow it. For example, decisions from the highest court in California are binding on all lower courts in California. However, that decision would not be binding on a court in any other state. The opinion would, at best, have persuasive value. In the event of an issue of first impression, there is no binding decision in the jurisdiction. In that case, decisions from other jurisdictions that have decided the issue would have persuasive value.
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