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Mandatory vs. Persuasive Authorities

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In a breach of contract problem, a legal issue arises surrounding the formation of the contract at issue. A complaint in the case has been filed in the state circuit court in St. Louis, Missouri (the state's trial court). In research on the issue, you find 2 cases that are exactly 'on point,' meaning the cases discuss the same legal issue. The first case is from the U.S. Court of Appeals for the 8th Circuit and the second case is from the Missouri Court of Appeals. Would either or both of these cases be mandatory/binding? Or would they be considered persuasive authority? How and why?

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Solution Summary

A discussion of what would be mandatory vs. persuasive authorities to a state court.

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In this situation, one of the cases would be binding authority and one would be persuasive authority. For state trial courts, opinions from the Supreme Court (on federal issues), that particular state's appellate courts, and that particular state's Supreme Court are binding. For state trial courts, opinions from other states' courts and federal ...

Solution provided by:
Catherine Crider, JD
Education
  • JD, University of San Francisco School of Law
  • MEd, Boston College
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