Legal Definitions - imperative authority

Definition: Imperative authority refers to a type of authority that is absolutely binding on a court. This means that the court must follow the authority, and it cannot be ignored or disregarded. Imperative authority is also known as binding authority.

Examples: An example of imperative authority is a decision made by a higher court that must be followed by lower courts. For instance, if the Supreme Court of the United States makes a ruling on a case, all lower courts must follow that ruling. Another example is a statute or law that must be followed by all courts and individuals.

Explanation: The examples illustrate the definition of imperative authority because they show situations where a court or individual must follow a specific authority. In the case of a higher court decision, lower courts are bound by the ruling and must apply it to similar cases. Similarly, statutes and laws are binding on all individuals and courts, and they must be followed. Imperative authority is important because it ensures consistency and fairness in the legal system.