Most legal
secondary authorities
have many citations to primary authorities like cases, statutes, and regulations. Secondary authority does not have binding effect on the court but helps explain what the law is or should be.
Primary authority is
the set of rules or laws that are binding on the courts, government, and individuals
. There are several types of primary authority sources.
Examples of primary authority include the verbatim texts of: Constitutions; Basic laws; Statutes (whether codified or uncodified);
Is a statute a primary source?
Primary sources of law are
constitutions
, statutes, regulations, and cases.
Are statutes primary law?
Primary law includes constitutions and charters, statutes and ordinances, legislative documents, and court opinions (cases) and court rules, and administrative regulations and rulings.
At the federal level,
Congress
passes laws that the President then signs. As long as it is consistent with the Constitution, it is the highest authority in a jurisdiction.
dictum: a statement, analysis, or discussion in the court’s opinion that is irrelevant or unnecessary for the outcome of the case. …
holding
: that part of the written opinion that has precedential value and is considered primary authority because it is the ruling or decision of the court.
When we refer to ‘authority’ or ‘primary authority’, we mean “
the law
.” The law being a constitutional or statutory provision, an administrative regulation or a court opinion. ‘Secondary authority’ refers to material that is NOT the law, but that which leads you to the law or helps to explain the law.
What is the difference between primary and secondary rules?
Hart divides rules into two categories, primary rules and secondary rules. According to Hart’s definitions, primary rules
either forbid or require certain actions and can generate duties or obligations
. … Secondary rules can be thought of as rules about the rules (Hart, 76).
What is the difference between primary and secondary law?
Primary legal sources are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations. Secondary legal sources may
restate the law
, but they also discuss, analyze, describe, explain, or critique it as well.
What are the 2 classification of law?
Two types of law –
civil and cri
. Criminal – state or federal prosecutors bring a case against a person charged with a major crime, called a felony. Civil – deals with lawsuits brought by individuals or the government against other individuals, organizations or companies.
What are the 5 primary sources of law?
The primary sources of law in the United States are
the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law
.
What are secondary sources in law?
Secondary sources are
materials that discuss, explain, analyze, and critique the law
. They discuss the law, but are not the law itself. Secondary sources, such as Law Journals, Encyclopedias, and Treatises are a great place to start your legal research.
Primary authority such as cases or statutes may be
mandatory or binding if they are from your jurisdiction
or they may be merely persuasive if from another jurisdiction.
Examples of primary authority include the verbatim texts of:
Constitutions
; Basic laws; Statutes (whether codified or uncodified);
Primary sources can be either persuasive or mandatory. Mandatory authority refers to cases, statutes, or regulations that the court must follow because it is binding on the court. … Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but
does not have to follow
.
