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Simple English definitions for legal terms

Mandatory Authority

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A quick definition of Mandatory Authority:

Term: Mandatory Authority

Definition: Mandatory authority is a type of law that must be followed. It is different from persuasive authority, which is just a suggestion. The things that count as mandatory authority are the most important laws, like the Constitution and laws made by the government. When a court makes a decision, it can also become mandatory authority for other courts. However, this only applies to courts in the same area. Mandatory authority is like a rule that everyone has to follow.

A more thorough explanation:

Definition: Mandatory authority refers to legal authority that must be followed and is binding. It is different from persuasive authority, which is not binding. All mandatory authority is a primary source of law, but not all primary sources of law are mandatory authority. The jurisdiction affects whether a legal authority is mandatory or persuasive. Secondary sources of law can never be mandatory authority.

Examples of mandatory authority include:

  • Constitutions: Constitutions are mandatory authority because they derive their authority from the people. However, they only bind those who have agreed to be bound. For example, the Constitution of the United States is mandatory authority in every state and every court in the United States. But an individual state's constitution is mandatory authority only within the state's jurisdiction.
  • Legislations: Legislations are mandatory authority because they are laws passed by a legislative body. They must be followed by those within the jurisdiction. For example, the Americans with Disabilities Act is mandatory authority in the United States.
  • Judicial decisions: Judicial decisions can be mandatory authority if they are from a higher court and follow vertical stare decisis. This means that lower courts must follow the decisions of higher courts. However, horizontal stare decisis is generally not binding. This means that courts of one jurisdiction do not have to follow the decisions of courts in another jurisdiction. For example, a decision by the Supreme Court of the United States is mandatory authority for all lower courts in the United States.

These examples illustrate how mandatory authority is binding and must be followed within a specific jurisdiction. They also show how primary sources of law can be mandatory authority, but secondary sources of law can never be mandatory authority.

Mandatory | Mandatory Injunction

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choosingpeace
12:52
UGHHH OH NOi think columbia is doing one today too
snow
12:52
nothim is probably having the best cycle on this site
12:53
Choosingpeace do they normally do waves on Wednesdays?
lilypadfrog
12:53
@atwatodbit: yayyyy 我的中文朋友
choosingpeace
12:53
@muvanji: Im sorry i have no ideaa
atwatodbit
12:54
someone posted an a on reddit 5 minutes ago so i think they're still calling
GreyCeaselessMammoth
12:54
nneed to know his softs https://www.lsd.law/users/creep/MaybeTooHopeful
atwatodbit
12:54
I got my call about 15 minutes ago
atwatodbit
12:54
@lilypadfrog: 謝謝,每次我上這個網站你有新的名字
Trismegistus
12:54
dude these lsats on lsd are fucking fried what the hell man
lilypadfrog
12:55
@atwatodbit: 哈哈哈我只是个傻女孩
cumsock
12:55
me in this cycle
12:56
UPenn pull thru 🙏
12:56
I think they’re done tho
atwatodbit
12:56
people are still posting, i think they are still going
atwatodbit
12:56
reddit post in last minute saying just got the call
Trismegistus
12:56
damn went from HLS II last cycle to this
atwatodbit
12:56
@sadpadresfan: FWIW your stats are far better than mine
GreyCeaselessMammoth
12:56
need penn to drop ed 2 so all the people bound by that withdraw from schools that i want to go to
lilypadfrog
12:57
我没有决定
atwatodbit
12:57
加油,等一會人一定會開始收好新聞
12:57
@atwatodbit: haha I feel like this cycle its not rlly all ab stats tho
atwatodbit
12:59
@sadpadresfan: for sure, but you're certainly as strong as me though. Hold on whether its later today or weeks from now. Plus you got da berk A, I am jealous
lilypadfrog
12:59
每个人都说“你的考试成绩这么好,你会得到很好的决定”,但我没有!
texaslawhopefully
12:59
oof I think I'm going to miss the penn wave
texaslawhopefully
12:59
are they still calling
Trismegistus
12:59
hey tex me too lmfao
choosingpeace
12:59
@texaslawhopefully: me too yayyy
lilypadfrog
12:59
we did it reddit
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