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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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JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
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