Binding Authority


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Related to Binding Authority: Legal precedent

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.

References in periodicals archive ?
Syndicates commit their risk capital, on annual basis, through the binding authority contract.
Binding authority underwriting has become an increasingly attractive and profitable source of business, but growth is tempered by the 50+ checks required for each policy.
deliberately refrain from informing a tribunal of any binding authority that the lawyer considers to be directly on point and that has not been mentioned by another party".
An irrevocable binding authority lies upon the company in some specific cases.
Admittedly, CPAs risk violating the independence rules in this area because the binding authority issued by the AICPA does not clearly state whether a CPA would impair independence by representing a client before a tribunal similar to those discussed above.
The latest threat to a potential combined authority comes after city leaders appeared to put aside their differences and agree to form a new legally binding authority.
I do not know if this will be binding authority in all courts, but it is there for carriers to refer to in their defense of subrogation lawsuits.
It has struggled ever since, however, to justify the stance, which amounts to open defiance of The Hague-based tribunal's supposedly binding authority in the matter.
Should the Randa decision hold up, legal observers remain uncertain about its ramifications for other cases, both in and outside of bankruptcy From a legal standpoint, it lacks binding authority outside its jurisdiction because it came from a district court.
Genessee has built up its binding authority to work with casualty, property, inland marine, professional, pollution, garage and excess and programs businesses; they've also run a special program for the drug-testing industry since 1999, and in June of this year opened one for inflatable bounce castles and slides.
TAPCO has the binding authority for more than 1,000 classes of business, including all types of General Liability; General, Specialty and Artisan Contractors; Property; Vacant Property and Builder's Risk; Dwelling/Homeowners; miscellaneous Professional and D&O; Liquor Liability; and Personal Umbrella among other lines.
According to Waldron, what superficially appears to be "a fiction and a chimera" is, in fact, binding authority of constitutional magnitude.