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No, it is non-authority, so at the most it can be persuasive authority.
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∙ 14y ago
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What are examples of mandatory authority?
Court cases Constitutional provisions statutes
What does 'mandatory' mean?
This word means required. Example; Having health insurance will soon be mandatory for all Americans.
How do you determine whether a case is mandatory or binding authority?
Mandatory refers to binding statutes and case law within the same jurisdiction.
Are domestic cats omnivores?
Cats are Mandatory carnivores, meaning that they only digest meats. But despite that, these days they mix rice and other things into dry cat food.
Persuasive authority is also know as what?
A secondary source? There are two kinds of authority that a lawyer can use in his argument in court. The first is binding or mandatory authority. This consists of all applicable statutes and precedential case law in the jurisdiction. For example, if the lawsuit is in California state court, the lawyer could use all California statutes as mandatory authority. Statutes from New York are not binding in California. Persuasive authority is pretty much everything else. A lawyer can try to use other state's laws, or law review articles, or restatements, or American law institute writings in his argument, but the judge doesn't have to listen to this.
Does a federal district court judge have the authority to sentence less than the mandatory minimum in a felony drug case for a 1st time offender?
No. A "mandatory" minimum is exactly what its name implies. The judge has no discretion and MUST impose the minimum set by the statute.
What is the difference between mandatory authority and persuasive authority?
Simple really, Primary authority is the verbatim text of laws, case laws, etc. and mandatory authority is the laws or case laws that a particular court must follow. All mandatory authority must be primary authority, but the reverse is not always true. For example. a murder case in district court in New York state MUST follow any and all rulings or laws of New York state and any higher courts. However, a murder case in Minnesota is not required to follow New York's laws and case laws even though they are primary authority. Also a higher court is never required to follow a lower courts decision even if it is a primary authority.To break it down to brass tacks, primary authority is really just the legal term for a primary source, same as regular research. A mandatory authority is about jurisdiction and stare deices.
What is the deadline for legislative bills that provide budget authority?
Bills that provide budget authority for annual discretionary spending must be completed by June each year. Legislative changes can also be made for mandatory spending or tax provisions at this time.
How do you use the word compulsory?
Compulsory means mandatory, required, or commanded. An authority is "compelling" the action or condition. Example: Israel instituted compulsory military training for all adults.
Is sender's address in the letters with pin code is mandatory or optional?
Mandatory
What is mandatory spares?
mandatory spares
How do you use mandatory in a sentence?
Education is mandatory in many countries.It is mandatory that you attend this meeting.
