Legal Definitions - Mandatory Authority

Mandatory Authority refers to legal sources that a court or other legal decision-maker must follow when making a decision. Unlike persuasive authority, which a court may consider but is not obligated to adopt, mandatory authority is binding and directly dictates the outcome of a legal issue if applicable.

These binding legal sources always originate from primary sources of law, such as:

• Constitutions: This includes the U.S. Constitution, which is mandatory authority for all courts nationwide, and individual state constitutions, which are mandatory only within that specific state's borders.
• Statutes (Legislation): These are laws passed by legislative bodies, such as acts of Congress or state legislatures.
• Judicial Decisions (Precedent): These are rulings from higher courts within the same judicial system. For example, a decision by a state's supreme court is mandatory authority for all lower courts in that state. However, a court in one state is not bound by the decisions of a court in another state.

The key factor determining whether a legal source is mandatory is its origin within the relevant jurisdiction and its position in the legal hierarchy. If a legal source is mandatory, a court cannot disregard it.

Examples of Mandatory Authority:

• State Environmental Statute: Imagine a state legislature passes a new law requiring all new commercial buildings to install specific types of high-efficiency HVAC systems to reduce energy consumption. This new state law (a statute) becomes mandatory authority for all building inspectors, contractors, and courts within that state. If a developer constructs a building without meeting these standards, a court in that state must apply this law when deciding a dispute about the construction, as it is a direct legislative command from the relevant jurisdiction.

• Federal Appellate Court Ruling: Suppose the U.S. Court of Appeals for the Fifth Circuit issues a ruling clarifying how a particular federal anti-discrimination law applies to employment practices in the technology sector. This ruling is mandatory authority for all federal district courts within the Fifth Circuit's geographical area (which includes Texas, Louisiana, and Mississippi). When an employment discrimination case comes before a federal district court in Louisiana, that court must follow the interpretation set forth by the Fifth Circuit, even if the district court judge personally disagrees with it. This demonstrates how higher court decisions bind lower courts in the same judicial hierarchy.

• State Constitutional Provision: Consider a city in California that passes a local ordinance prohibiting residents from holding any public demonstrations or protests within a one-mile radius of the city hall. A resident challenges this ordinance, arguing it violates their freedom of speech under the California State Constitution. A California state court reviewing this case must treat the California State Constitution as mandatory authority. If the court finds the city ordinance conflicts with the constitutional protection of free speech, the ordinance will be struck down because the state constitution, as mandatory authority, takes precedence over local laws within its jurisdiction.