CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
Which of the following statements about authoritative and persuasive sources of law is correct?
Courts must apply authoritative sources like legislation and binding precedent, whereas persuasive sources such as foreign judgments or juristic writings can be taken into account but the court is not obliged to follow them.
- ACourts must apply authoritative sources, while persuasive sources may be considered but need not be followedCorrect
- BPersuasive sources bind courts, but authoritative sources do not
- CBoth bind courts equally, differing only in origin
- DAuthoritative sources are only customs and persuasive sources are only statutes
Explanation
Authoritative sources, such as legislation and binding precedent, leave the judge no discretion to disregard them. Persuasive sources, such as foreign judgments or juristic writing, may guide the court but carry no obligation. The reversed statement inverts this basic distinction.
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