Simple English definitions for legal terms
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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.
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:
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.