JUS-641-RS-T1-LegalAuthorityTemplate

.docx

School

Grand Canyon University *

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641

Subject

Law

Date

Jan 9, 2024

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docx

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Uploaded by lovevillj

The Law Offices of John Grand 207 South Main Street Office 221B Sharpsville, IN 46068 Memorandum of Law To: John Grand From: Date: October 30, 2023 Subject: [Legal Authority – John Grand] The United States Constitution Unlike persuasive authority, which is defined as an idea or action that is legally binding, mandatory authority refers to legal standards that are expected to be followed. Certain primary sources of law, such as statutes, are not necessarily mandatory, as their jurisdictions can affect whether a legal principle is persuasive or not. A secondary legal source cannot be considered mandatory. The concept of mandatory authority refers to the legal standards that are expected to be followed by various entities, such as courts, constitutions, and legislation. Although the US Constitution is regarded as the primary source of law, individual state constitutions are not considered mandatory. The concept of vertical stare decisis is applicable to judicial decisions. It indicates that decisions made by higher courts are legally binding for lower courts. On the other hand, horizontal stare decisis is generally not binding. A judicial decision made in one jurisdiction is not mandatory for courts in another. I am grateful to be able to demonstrate my knowledge of the law. To illustrate this, I have listed down the primary sources of legal authority that I consider to be dominant, persuasive, or secondary. The laws and regulations that courts in a given jurisdiction have to follow are referred to as primary binding authority. The US Constitution and Indiana's Constitution are the primary legal standards that govern the state and land, respectively. Any decisions or laws that go against these standards are invalid. The laws that are made by the state and federal legislative bodies are referred to as statutes. Courts are bound by these laws unless they are found unconstitutional. State and federal agencies create regulations, which are legally binding. They can be made as long as they follow the legislative powers granted to them. The decisions made by the higher courts in a given area are binding on those in the lower courts in that region. For instance, the Indiana Supreme Court's decisions are binding on all courts in the state. A primary persuasive authority is a legal source that can still influence a judicial decision even though it is not legally binding. Appeals made by courts within federal or state circuits can be persuasive, particularly when there is no explicit mandate to address the issue at hand. Unpublished decisions are those that are not legally binding but still have the potential to be persuasive. Sources that provide analysis, clarification, or explanation of the law are referred to as secondary authorities. These aren't considered legal entities but can provide valuable insight into the law. A legal encyclopedia is a valuable resource that provides a broad overview of the law. Law review articles are scholarly papers that offer in-depth examination of legal issues. Legal scholars create comprehensive books on a particular area of law, which are referred to as treaties. The statements of the law summarize common legal rules applicable to certain subjects, such as property and contracts. I trust that this memorandum will satisfy your desires. I look forward to receiving further instructions. Best regards,

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