Binding Authority


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Related to Binding Authority: Legal precedent

Binding Authority

A precedent decided by a higher court. Lower courts are required to follow binding authority when deciding similar cases. For example, precedents decided by the U.S. Supreme Court are binding authority on all American courts.
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b) It is demonstrated that some binding authority in case law, or some relevant statute was not considered;
136) The briefs are not used as binding authority and do not supplant fundamental, precedential constitutional values or the will of the American people.
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Against his gnostic opponents, he vigorously denies that Christians do not recognize the binding authority of the Bible.
No institutions exist above them to exercise legitimate, binding authority.
Early on I got the sense that she didn't have legal and binding authority," said Mr.
The judge said that the committee had no binding authority and the bank had no legal obligation to pay the funds.
The mediation agreement must include the following: a description of the agreement, a statement that all discussions that occurred during the mediation process are kept confidential and may not be used as evidence in any due process hearing or civil proceeding that occurs later, Signatures of both the parent and a representative of the school district who has legally binding authority, and a statement that the agreement is enforceable in state or federal district court.
At the time, Bilandic further opined that "[t]he only other logical alternative is to return to the pre-1935 practice when Appellate Court opinions were not binding authority.
The court found that the plaintiffs provided no persuasive or binding authority that their argument regard to obtaining further consent was a matter of law rather than a question to be answered by the jury.
Too often it seems that the analysis of Reform Judaism consists of the observation that this movement has rejected the binding authority of halakhah, and so the concepts and issues discussed in the earlier part of the chapter are not relevant for Reform Jews (e.
The Supreme Court did not, however, state that any decision of the Comptroller General could not have binding authority over an executive agency.