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LSDefine

Simple English definitions for legal terms

binding authority

Read a random definition: Illinois

A quick definition of binding authority:

Binding authority refers to a legal decision made by a court that must be followed by other courts in similar cases. It is like a rule that everyone has to follow. There are different types of binding authority, such as declaratory precedent, original precedent, and persuasive precedent. Precedents are important because they help judges make fair and consistent decisions. They are like examples that lawyers and judges can use to help them decide what to do in a case.

A more thorough explanation:

Definition: Binding authority refers to a legal precedent that a court must follow when making a decision. It is a decided case that provides a basis for determining later cases involving similar facts or issues.

For example, if a higher court in the same jurisdiction has made a ruling on a similar case, a lower court must follow that ruling. This is known as a binding precedent.

On the other hand, a persuasive precedent is not binding on a court, but it is entitled to respect and careful consideration. For instance, if a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way.

Precedent sub silentio refers to a legal question that was neither argued nor explicitly discussed in a judicial decision but that seems to have been silently ruled on and might therefore be treated as a precedent.

Overall, binding authority is an important concept in the legal system as it ensures consistency and predictability in the application of the law.

binding arbitration | binding instruction

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15:41
just for u sweetie pie
15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
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