Asked by Haley Jordan on May 02, 2024
Verified
For a case to serve as a binding authority it must be
A) similar.
B) on point.
C) decided by an inferior court.
D) decided by a superior court.
E) on point and be decided by a superior court.
Binding Authority
Legal precedent or laws that courts within a jurisdiction must follow when deciding cases, often stemming from higher court decisions or statutes.
Similar Case
A legal case that shares significant facts, issues, and outcomes with another case, potentially influencing its resolution.
Superior Court
A court of general competency that typically handles felony criminal cases, large civil cases, and appeals from lower courts.
- Discriminate between authoritative and advisory sources in the realm of legal inquiry.
Verified Answer
MW
Mykel WrightMay 03, 2024
Final Answer :
E
Explanation :
For a case to serve as a binding authority, it must be directly relevant to the issue at hand ("on point") and must have been decided by a court that is higher in the judicial hierarchy ("decided by a superior court") relative to the court considering the current case. This ensures that the precedent is both applicable and authoritative.
Learning Objectives
- Discriminate between authoritative and advisory sources in the realm of legal inquiry.