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单词 binding authority
释义 DictionarySeeprecedent

Binding Authority


Related to Binding Authority: Legal precedent

Binding Authority

Source of law that a judge must evaluate when making a decision in a case. For example, statutes from the same state where a case is being brought, or higher court decisions, are binding authority for a judge.

According to Article VI of the Constitution—the Supremacy Clause—all laws made pursuant to the Constitution are considered the supreme law of the land. They are entitled to legal superiority over any conflicting state law or constitutional provision.

Cross-references

Primary Authority.

Binding Authority


Binding Authority

A precedent decided by a higher court. Lower courts are required to follow binding authority when deciding similar cases. For example, precedents decided by the U.S. Supreme Court are binding authority on all American courts.
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更新时间:2024/12/23 10:44:45