Which statement about published vs unpublished decisions is correct?

Which statement about published vs unpublished decisions is correct?

• A. Unpublished opinions carry no weight in any future cases
• B. Published opinions cannot be cited in future cases
• C. Unpublished opinions are binding on all courts
• D. Only published opinions can serve as precedent

Answer: (D)

Published opinions establish binding authority because they are selected for official publication and set the law for future cases with similar issues within that jurisdiction. Unpublished decisions usually do not create binding precedent; they’re not controlling for future cases, though they can be viewed as persuasive and may influence reasoning in some situations. That’s why the statement about precedent is the correct one: only published opinions can serve as precedent. The other choices misstate the authority of unpublished opinions or the ability to cite published ones.

Published opinions establish binding authority because they are selected for official publication and set the law for future cases with similar issues within that jurisdiction. Unpublished decisions usually do not create binding precedent; they’re not controlling for future cases, though they can be viewed as persuasive and may influence reasoning in some situations. That’s why the statement about precedent is the correct one: only published opinions can serve as precedent. The other choices misstate the authority of unpublished opinions or the ability to cite published ones.