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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.
Does mandatory mean important?
No, mandatory means required or compulsory. Something that is mandatory must be done or followed according to a rule or law.
What is a sentence with the word authority?
You have no authority here.The highest authority in the United Kingdom is the monarch.tell an authority figure like a teacher or manager if you are being bullied.
What is mandatory law?
Mandatory law refers to laws that must be followed and cannot be deviated from by the parties involved. It sets non-negotiable rules that are designed to protect the interests of the public or individuals, and parties cannot contract out of these requirements. Mandatory laws usually cover fundamental rights, public policy, and other important societal values.
What is an example sentence using the word authority?
The authority of the church was final. He was not given the authority to make the decision.
Is a digest mandatory authority?
No, it is non-authority, so at the most it can be persuasive authority.
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.
What are some examples of corporate actions?
Some examples of corporate actions are: Voluntary, Mandatory and Mandatory with Corporation Choice actions. These have to take into consideration their stock and share holders so that they get the best dividend back for their investment.
What are the Examples of tenacity?
specific example of the method of tenacity, method of authority
What is preemption and what are examples of it?
Preemption is used to gain authority over a state
What are some examples of line authority?
stores like target and Walmart
What is example of rational-legal authority?
Legal rational authority is power based according a set of rules. It is also called legal authority. Examples includes presidential powers.
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.
