Asked by eleanor capiral on Jul 21, 2024
Verified
Necessary conditions for a decided court case to be a binding authority include which of the following?
A) The case must be on point.
B) The case must have gone to the U.S. Supreme Court.
C) The case must have been decided by a higher court in the same jurisdiction.
D) The case must be on point and the case must have been decided by a higher court in the same jurisdiction.
Binding Authority
legal precedents or statutes that must be followed by lower courts within the same jurisdiction.
Higher Court
A term used to describe courts that have appellate jurisdiction over lower court decisions, including supreme courts.
Jurisdiction
The authority granted to a legal body like a court to make legal decisions and judgments, often within a specific geographic area or over certain types of cases.
- Identify the differences between binding and persuasive authority.
- Acquire knowledge of the structure and the extent of jurisdiction pertaining to enforceable authorities.
Verified Answer
SS
Sanjna SodhiJul 25, 2024
Final Answer :
D
Explanation :
For a decided court case to be a binding authority, it must be directly relevant to the matter at hand (on point) and must have been decided by a court higher in the same jurisdiction, as these factors ensure the decision is applicable and must be followed by lower courts in similar cases.
Learning Objectives
- Identify the differences between binding and persuasive authority.
- Acquire knowledge of the structure and the extent of jurisdiction pertaining to enforceable authorities.