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Constitutions, statutes, court opinions and administrative regulations
- Constitutions, statutes, court opinions and administrative regulations are all considered primary authority. Secondary authority refers to any other commentary or analysis of the law.
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Sep 21, 2023 · Primary authority is "authority that issues directly from a law-making body." Authority, Black's Law Dictionary (11th ed. 2019). Sources of primary authority include: Constitutions; Statutes ; Regulations; Case Law; Access to primary legal sources is available through:
- AJ Blechner
- 2015
Feb 12, 2024 · Sources of Legal Authority. Primary law has “mandatory authority” (or “binding authority”) when they are from the same governing jurisdiction or a higher court. Other primary sources from outside a given jurisdiction only have what’s called “persuasive authority,” which is non-binding.
Primary v. Secondary Authority Primary authority is the rule of law. Constitutions, statutes, court opinions and administrative regulations are all considered primary authority. Secondary authority refers to any other commentary or analysis of the law. For example, an opinion issued by the U.S. Supreme Court is considered primary authority,
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primary authority. Statements about the law that come directly from a legislature, a court, or another body with official capacity to issue or clarify rules for its jurisdiction. Primary authority is always mandatory in disputes where it governs.
May 29, 2024 · There are four main types of legal resources (primary authority) that you will encounter when conducting legal research: constitutions, statutes, regulations, and court opinions (also referred to as cases).
Examples. Examples of primary authority include the verbatim texts of: Constitutions; Basic laws; Statutes (whether codified or uncodified); Treaties and certain other international law materials; Municipal charters and ordinances; Court opinions; Books of authority; Rules of court procedure; Rules of evidence; Rules governing the conduct of ...
Mar 20, 2024 · Primary authorities are authorized statements of the law by governmental institutions. These include written opinions of courts (case law); constitutions; legislation (statutes and codes); rules of court; and the rules, regulations and opinions of administrative agencies.
