Paralegal Advanced Competency Exam (PACE) Practice Exam

What type of authority is considered mandatory authority?

1. Secondary legal commentary

2. Primary authority in jurisdiction

3. Advisory opinions

4. Non-binding case law

The correct answer is: Primary authority in jurisdiction

Mandatory authority refers to legal sources that must be followed by a court within a specific jurisdiction. This type of authority is legally binding and includes statutes, regulations, and case law from higher courts within the same legal system. The reason primary authority in jurisdiction is considered mandatory is that it encompasses laws and judicial decisions that have binding effects on courts in that jurisdiction. For example, if a higher court has issued a ruling, lower courts within that jurisdiction are required to abide by that precedent when similar issues arise. In contrast, secondary legal commentary consists of articles and treatises that provide analysis or interpretation but do not carry mandatory weight. Advisory opinions, while potentially informative, lack binding authority as they do not come from a court ruling in a case. Non-binding case law, often from jurisdictions that are not binding or relevant to the current case, also does not impose an obligation to follow. Thus, only primary authority rooted in the jurisdiction is regarded as mandatory.