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Simple English definitions for legal terms
binding authority
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A quick definition of binding authority:
Binding authority refers to a legal decision made by a court that must be followed by other courts in similar cases. It is like a rule that everyone has to follow. There are different types of binding authority, such as declaratory precedent, original precedent, and persuasive precedent. Precedents are important because they help judges make fair and consistent decisions. They are like examples that lawyers and judges can use to help them decide what to do in a case.A more thorough explanation:
Definition: Binding authority refers to a legal precedent that a court must follow when making a decision. It is a decided case that provides a basis for determining later cases involving similar facts or issues.
For example, if a higher court in the same jurisdiction has made a ruling on a similar case, a lower court must follow that ruling. This is known as a binding precedent.
On the other hand, a persuasive precedent is not binding on a court, but it is entitled to respect and careful consideration. For instance, if a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way.
Precedent sub silentio refers to a legal question that was neither argued nor explicitly discussed in a judicial decision but that seems to have been silently ruled on and might therefore be treated as a precedent.
Overall, binding authority is an important concept in the legal system as it ensures consistency and predictability in the application of the law.