Law Encyclopedia:

Binding Authority

This entry contains information applicable to United States law only.

Source of law that a judge must examine or evaluate in a decision of a case.

Statutes from the same state where a case is being brought, or higher court decisions, are binding authority for a judge.

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

 
 
 

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Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more

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