What does mandatory authority in law refer to?

Prepare for the North Carolina Certified Paralegal Exam with flashcards and multiple-choice questions featuring hints and explanations. Ensure success on your NCCP Exam!

Mandatory authority in law refers to legal sources that a court is required to follow when making decisions. This typically includes statutes, regulations, or court opinions from higher courts within the same jurisdiction. Courts must adhere to these sources because they are binding; failure to do so can lead to legal repercussions, reversal on appeal, or other judicial consequences. In contrast, while courts can consider other legal sources, such as persuasive authority—which may inform their reasoning or decisions—they are not obligated to follow those sources. Likewise, opinions from lesser courts do not carry the same binding effect as those from higher courts. This means that while they might be taken into consideration, they do not have the same mandatory nature. Thus, the concept of mandatory authority underscores the importance of hierarchy in legal sources and the obligation of courts to follow established law within their jurisdiction.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy