binding authority

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.

Dictionary from West's Encyclopedia of American Law. 2005.


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.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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  • binding authority — Sources of law that must be taken into account by a judge in deciding a case; for example, statutes or decisions by a higher court of the same state on point. See precedent …   Black's law dictionary

  • binding authority — Sources of law that must be taken into account by a judge in deciding a case; for example, statutes or decisions by a higher court of the same state on point. See precedent …   Black's law dictionary

  • authority — au·thor·i·ty n pl ties 1: an official decision of a court used esp. as a precedent 2 a: a power to act esp. over others that derives from status, position, or office the authority of the president; also: jurisdiction b: the power to act …   Law dictionary

  • authority — Permission. Right to exercise powers; to implement and enforce laws; to exact obedience; to command; to judge. Control over; jurisdiction. Often synonymous with power. The power delegated by a principal to his agent. The lawful delegation of… …   Black's law dictionary

  • authority — Permission. Right to exercise powers; to implement and enforce laws; to exact obedience; to command; to judge. Control over; jurisdiction. Often synonymous with power. The power delegated by a principal to his agent. The lawful delegation of… …   Black's law dictionary

  • Binding precedent — In law, a binding precedent (also mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as… …   Wikipedia

  • binding — adj 1: imposing a legal obligation the agreement is binding on the parties 2: requiring submission to a specified authority the suppression order was binding on the Department of Transportation National Law Journal Merriam Webster’s Dictionary of …   Law dictionary

  • AUTHORITY, RABBINICAL — AUTHORITY, RABBINICAL, the authority of the halakhic scholars in maintaining the creativeness and development of Jewish law, by means of its legal sources. Development of the Law An important tenet of Judaism and a guiding principle of the… …   Encyclopedia of Judaism

  • Binding — Bind Bind, v. t. [imp. {Bound}; p. p. {Bound}, formerly {Bounden}; p. pr. & vb. n. {Binding}.] [AS. bindan, perfect tense band, bundon, p. p. bunden; akin to D. & G. binden, Dan. binde, Sw. & Icel. binda, Goth. bindan, Skr. bandh (for bhandh) to… …   The Collaborative International Dictionary of English

  • binding — bind·ing || baɪndɪŋ n. front and back covering of a book; fastening, connecting; link between a communications protocol and a network adapter (Computers); fastenings on a ski to secure the boot (Sports); strip sewn along or over an edge as… …   English contemporary dictionary

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