BINDING AUTHORITY

BINDING AUTHORITY

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.

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

CROSS-REFERENCES
Primary Authority.

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