Simple English definitions for legal terms
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Conflict of Authority: When two or more courts or experts disagree on a point of law or knowledge, it is called a conflict of authority. This can happen when they have equal power or expertise in a particular area, like international law.
A conflict of authority is a disagreement between two or more courts or scholars on a point of law. This can happen when courts of the same level disagree on how to interpret a law or when scholars have different opinions on a legal issue.
1. Two state supreme courts have different interpretations of a federal law. One court says the law means one thing, while the other court says it means something else. This creates a conflict of authority because both courts are of equal authority and their decisions cannot both be correct.
2. Two legal scholars have different opinions on whether a certain international treaty applies to a particular situation. One scholar argues that the treaty applies, while the other scholar argues that it does not. This creates a conflict of authority because both scholars are considered experts in the field and their opinions carry weight.
These examples illustrate how a conflict of authority can arise when there are differing opinions on a legal issue. It can be difficult to resolve these conflicts, especially when the parties involved have equal authority or expertise.