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Mandatory Authority

Mandatory authority refers to authority that a court must follow. Another way to state this is that the authority is binding. An example is a case of a higher weight value in a lower court in the same jurisdiction. If a lower lever trial court hears a case about negligence, it is bound by a rule about negligence from a decision from a higher level court within this jurisdiction. The idea behind this is to keep consistency on the rules that govern a specific jurisdiction.

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Legal Writing Simplified Copyright © by Michelle Zakarin is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.