Legal Definitions - conflict of authority

A conflict of authority is a disagreement between two or more courts or scholars on a point of law. This can happen when courts of the same level disagree on how to interpret a law or when scholars have different opinions on a legal issue.

1. Two state supreme courts have different interpretations of a federal law. One court says the law means one thing, while the other court says it means something else. This creates a conflict of authority because both courts are of equal authority and their decisions cannot both be correct.

2. Two legal scholars have different opinions on whether a certain international treaty applies to a particular situation. One scholar argues that the treaty applies, while the other scholar argues that it does not. This creates a conflict of authority because both scholars are considered experts in the field and their opinions carry weight.

These examples illustrate how a conflict of authority can arise when there are differing opinions on a legal issue. It can be difficult to resolve these conflicts, especially when the parties involved have equal authority or expertise.