What does mandatory authority mean?
Asked by: Ted Metz | Last update: February 14, 2026Score: 4.4/5 (12 votes)
Mandatory authority in law refers to binding legal sources like statutes, regulations, or court decisions that a court must follow because they come from a higher court or the same jurisdiction, ensuring consistency, while persuasive authority can be considered but isn't required. It's primary law (constitutions, legislation, case law) that applies directly to a court's decision, unlike persuasive sources which offer guidance but aren't obligatory.
What is a mandatory authority?
Mandatory authority, unlike persuasive authority, describes legal authority that is binding and must be followed. All mandatory authority are primary sources of law. However, not all primary sources of law are mandatory authority because the jurisdiction affects whether a legal authority is mandatory or persuasive.
What does mandatory mean in legal terms?
In reference to law, “mandatory” is used to indicate that something is required or obligatory.
What is the difference between mandatory and secondary authority?
Authorities that courts must follow are called mandatory (or binding) authority. Authorities, i.e. case law, that courts may follow but are not required to are called persuasive (or non-binding) authority. Secondary authority is always persuasive because it is not the law.
What are the characteristics of mandatory authority?
Mandatory authority refers to cases, statutes, or regulations that a court must follow because they bind the court. Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow.
Binding and Persuasive Authorities (Stare Decisis)
What exactly does mandatory mean?
Mandatory means something is required by law, rule, or command; it is obligatory, compulsory, and not optional, something that must be followed without exception, like mandatory seatbelt laws or mandatory school attendance for a certain age. Synonyms include compulsory, required, and obligatory, while the opposite is optional.
What are the two types of authority?
3 sociological types of authority
- Charismatic authority. Charismatic authority comes from the personal charisma, strength, and charm of an individual's personality. ...
- Traditional authority. The legitimacy of traditional authority comes from traditions and customs. ...
- Rational-legal authority.
What is the difference between mandatory and compulsory in law?
For instance, mandatory training courses are those that employees must complete to comply with statutory requirements. Compulsory - Similar to mandatory, compulsory means something that must be done because it is required by law or a rule. In essence, both terms signify an obligation imposed by an authority.
What is the hierarchy of authority?
The hierarchy of authority is an. It allows for clear differentiation in the roles and levels of command. This concept is integral to the functioning of various institutions, including businesses, the military, etc.
What is a mandatory state?
A state mandate is a law enacted by a state government that requires local governments or political subdivisions to perform specific activities or provide certain services. This can include establishing new programs, expanding existing services, or modifying current operations.
What is an example of mandatory?
A mandatory example is something required by law, rule, or authority, like mandatory safety goggles for construction workers, mandatory minimum prison sentences for certain crimes, or mandatory school attendance; it's the opposite of optional and means you have to do it. Examples range from mandatory military service in some countries to mandatory reporting for teachers about suspected child abuse, or even something simple like mandatory participation in a lifeboat drill on a cruise ship.
Does mandatory mean it has to be done?
Mandatory is an adjective that means something is required an obligation that must be done. There will be a demand, or rule or law to doing complete something.
What does legally mandated mean?
A mandate is an official order. In appellate cases, a mandate is the document by which the appellate court formally notifies the lower court of its decision and by which jurisdiction for any necessary additional proceedings is conferred upon the lower court.
What is a mandatory power?
mandatory power means an authorized act, duty, or obligation required by law to be performed or fulfilled by a municipality in the course of its fiduciary obligations to citizens and taxpayers; "mandatory power" may include. View Source.
What does mandatory mean in the UK?
British English: mandatory ADJECTIVE /ˈmændətərɪ/ If an action or procedure is mandatory, people have to do it, because it is a rule or a law.
What are some examples of mandatory rules?
Real-world examples
Example 1: In a commercial lease, a mandatory rule may require landlords to maintain safe conditions for tenants, which cannot be waived even if the tenant agrees to take on some responsibilities.
What are the 4 types of primary authority?
There are four main types of legal resources (primary authority) that you will encounter when conducting legal research: constitutions, statutes, regulations, and court opinions (also referred to as cases).
What are the three levels of authority?
According to Max Weber, the three types of legitimate authority are traditional, rational-legal, and charismatic. Charismatic authority is relatively unstable because the authority held by a charismatic leader may not easily extend to anyone else after the leader dies.
Is primary authority always mandatory?
Statements about the law that come directly from a legislature, a court, or another body with official capacity to issue or clarify rules for its jurisdiction. Primary authority is always mandatory in disputes where it governs. See Secondary authority (contrast).
What does mandatory mean in law?
: required by a law or rule : obligatory. the mandatory retirement age.
What is the meaning of mandatory?
Mandatory means something is required by law, rule, or command; it is obligatory, compulsory, and not optional, something that must be followed without exception, like mandatory seatbelt laws or mandatory school attendance for a certain age. Synonyms include compulsory, required, and obligatory, while the opposite is optional.
What is a mandatory rule?
• Mandatory rules: rules that cannot be derogated from. by an agreement. The parties of a contract must observe them. In the public law there is a lot of iuris cogentis rules, while in the private law more rules are dispositive.
What happens when authority is challenged?
Challenges to authority are often seen as threats, but they can be reframed as valuable opportunities to: Build trust: Listening and responding constructively shows you value your team members' input. Model leadership: Your behavior sets the example for how challenges should be handled.
What is statutory authority?
Statutory authority refers to the powers and duties assigned to a government official or agency through a law passed by Congress or a state legislature. It is also known as a statutory grant of authority.
What are the 4 sources of authority?
This document discusses four main sources of authority that can guide ethical behavior: law, religion, culture, and cultural relativism. It provides examples of how the law constrains certain acts. It describes religion as a system of faith that can obligate followers based on divine commands.