Binding Authority

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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.


Primary Authority.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Syndicates commit their risk capital, on annual basis, through the binding authority contract.
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".
"Sue has built a superior broker team and binding authority platform that will complement our existing Seattle office and in the Northwest," said Timothy W.
Previous World Health Assembly resolutions on tobacco control lacked legally binding authority, allowing transnational tobacco companies to expand into low- and middle-income countries without effective tobacco control programs, such as Uruguay, Namibia and Togo.
Chapters outline the civil law system's approach to the sources of law, the relevant Code articles to emphasize the binding authority attached to legislation as the primary source of law, the writings of Louisiana scholars, and Louisiana cases (which include questions).
The absence of binding authority addressing similar facts merely frees us to derive the rule of law that resolves this dispute."
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.