A persuasive precedent may be established by?

A persuasive precedent may indeed be established by lower court decisions. In legal contexts, persuasive precedent refers to decisions made by courts that do not have binding authority in a particular jurisdiction but can influence the decision-making of other courts. Lower courts are often seen as being in a position to apply the law in ways that may be persuasive to higher courts or to courts in other jurisdictions because they may address similar legal issues based on analogous facts.

The reasoning behind this is that while the decisions of lower courts are not obligatory for higher courts, they can still provide valuable insights or interpretations of the law that may assist in shaping future rulings. Courts may look to lower court decisions to guide their thought processes or to ensure consistency in the application of the law across different cases.

On the other hand, decisions from superior courts typically yield binding precedents rather than persuasive ones, while judicial opinions of non-expert witnesses are not formal rulings and therefore do not stand as precedent. Jury decisions are also not designed to create legal precedent, as they reflect findings of fact rather than interpretations of law. Thus, lower court decisions serve a unique role in establishing persuasive precedents within the legal framework.