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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.

impensae | imperative law

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That makes sense. Was looking into Cornell clerking stats https://www.lawschool.cornell.edu/careers/judicial-clerkships/
U kno even tho their circuit numbers don't compare to other schools, those #s are better than expected tbh
40-50 fed clerks is pretty cool
texaslawhopefully
20:29
That’s fair. Chicago though: https://www.law.uchicago.edu/clerkships
That's sweet. Again tho, unclear with Fedsoc tho. But u sounded like ur willing to go Fedsoc so ur set
lilypadfrog
20:31
yeah Tex is a fedsoc guy iirc
lilypadfrog
20:31
Is it really like no clerkship benefit at Chicago if you’re not conservative?
lilypadfrog
20:31
that seems crazy #tome
texaslawhopefully
20:32
No, at least from the two people I know there that’s false. I think it’s just something like Chicago for conservatives is on par with S whereas for liberals it’s below HYS but above CCNP
texaslawhopefully
20:32
I mean I think even the student body there only like 15 percent is part of fedsoc
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
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