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Simple English definitions for legal terms
imperative authority
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A quick definition of imperative authority:
Imperative authority is when someone has the power to make decisions for someone else. This can happen when a person gives permission for someone else to act on their behalf, like when a boss gives an employee the power to sign a contract. There are different types of authority, like actual authority when the principal intentionally gives power to the agent, or apparent authority when a third party believes the agent has power even if the principal didn't intend it. When a court has to make a decision, they look at different sources of authority, like laws or previous court cases, to help them decide. Some sources of authority are more important than others, and some are just suggestions. Imperative authority is when the court has to follow a certain source of authority, like a law or a previous court case, and can't make a different decision.A more thorough explanation:
Definition: Imperative authority refers to a type of authority that is absolutely binding on a court. This means that the court must follow the authority, and it cannot be ignored or disregarded. Imperative authority is also known as binding authority.
Examples: An example of imperative authority is a decision made by a higher court that must be followed by lower courts. For instance, if the Supreme Court of the United States makes a ruling on a case, all lower courts must follow that ruling. Another example is a statute or law that must be followed by all courts and individuals.
Explanation: The examples illustrate the definition of imperative authority because they show situations where a court or individual must follow a specific authority. In the case of a higher court decision, lower courts are bound by the ruling and must apply it to similar cases. Similarly, statutes and laws are binding on all individuals and courts, and they must be followed. Imperative authority is important because it ensures consistency and fairness in the legal system.