Legal Definitions - binding authority

Definition: Binding authority refers to a legal precedent that a court must follow when making a decision. It is a decided case that provides a basis for determining later cases involving similar facts or issues.

For example, if a higher court in the same jurisdiction has made a ruling on a similar case, a lower court must follow that ruling. This is known as a binding precedent.

On the other hand, a persuasive precedent is not binding on a court, but it is entitled to respect and careful consideration. For instance, if a case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way.

Precedent sub silentio refers to a legal question that was neither argued nor explicitly discussed in a judicial decision but that seems to have been silently ruled on and might therefore be treated as a precedent.

Overall, binding authority is an important concept in the legal system as it ensures consistency and predictability in the application of the law.