Legal Authority Essay

essay B

Get Full Essay

Get access to this section to get all the help you need with your essay and educational goals.

Get Access

Mandatory Authority-Binding authority is, the source of laws for that particular state or country which the judge is compelled to follow when considering a case. i,e if the law of the land says that the penalty for a particular crime is 6 months in jail, he cannot give 6years Mandatory authority is what the court must consider when analyzing an issue and on what it must base its decision

Persuasive Authority- Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow. Thus, the holding from a court in another jurisdiction or a lower court in the same jurisdiction is persuasive authority.Persuasive authority is what the court may consider when analyzing an issue, but it is not on what the court is required to base its decision

In the case Palsgraf v Long Island Railroad

2 Examples of Mandatory Authority:

1. There wasnt enough evidence tosupport the plaintiff’s alligation becasue she was so far away from the actual explosion. she failed to establish that her injuries were caused by the negligence of the defendant and it was an error for thr court to deny the defendant’ motion to dismiss the complaint.

2 Examples of Persuasive Authority:

The desicion was that no negligence is constituted by a breach of duty to the individual complaining the neglect of which invades a legally protected interest. The Court of Appeals of New York reversed the decision of the lower courts and dismissed the complaint, with costs in all courts

Get instant access to
all materials

Become a Member
unlock