Is all primary authority considered mandatory authority?

Primary authority refers to sources of law that are legally binding, such as statutes, regulations, and case law. However, not all primary authority is considered mandatory authority. Mandatory authority consists of legal sources that must be followed by courts within a particular jurisdiction; this typically includes statutes, regulations, and decisions made by higher courts within the same jurisdiction.

In contrast, there are types of primary authority that do not carry the same binding effect. For instance, case law from a different jurisdiction may be primary authority but is not mandatory for courts in the local jurisdiction to follow. Secondary authorities, while not binding, can still provide guidance and interpretation but do not have the same obligatory power. Therefore, while primary authority includes mandatory sources, it also encompasses sources that are merely persuasive or advisory in nature. This distinction is critical for understanding how different types of legal authority operate within the legal system.