Which statement best describes binding authority?

Which statement best describes binding authority?

• A. Primary law that must be followed by a court
• B. Persuasive authority that judges may consider
• C. Secondary authorities that are not binding
• D. Jurisdictional rules that are always optional

Answer: (A)

Binding authority is the set of sources of law a court is required to apply in deciding a case. It includes the Constitution, statutes, and agency regulations from the controlling jurisdiction, as well as the decisions of higher courts within that jurisdiction. Because these sources have mandatory force, a court must follow them when deciding the issue at hand. This is why the description that binding authority is primary law that must be followed by a court is the best choice. Persuasive authority may influence a judge but is not binding, and secondary authorities like treatises or restatements are informative but not controlling.

Binding authority is the set of sources of law a court is required to apply in deciding a case. It includes the Constitution, statutes, and agency regulations from the controlling jurisdiction, as well as the decisions of higher courts within that jurisdiction. Because these sources have mandatory force, a court must follow them when deciding the issue at hand. This is why the description that binding authority is primary law that must be followed by a court is the best choice. Persuasive authority may influence a judge but is not binding, and secondary authorities like treatises or restatements are informative but not controlling.