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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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