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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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