Primary authority
Encyclopedia
A primary authority is a document
that establishes the law
on a particular issue, such as a case decision
or legislative act
. The search for applicable primary authority is an important part of the process of legal research
.
In the United States
, examples of primary authority include the verbatim texts of:
To be considered primary authority, a document does not have to be physically printed or published by a government entity, as long as the document purports to be and actually is a verbatim re-print of the applicable statute, regulation, court opinion, etc. That is, many lawyers, legal scholars, government agencies and others use verbatim re-prints of texts published by private commercial law publishing companies.
The term primary authority is used to distinguish primary authority materials from texts considered to be Secondary authority
.
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
that establishes the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
on a particular issue, such as a case decision
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
or legislative act
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. The search for applicable primary authority is an important part of the process of legal research
Legal research
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, examples of primary authority include the verbatim texts of:
- Constitutions;
- StatuteStatuteA statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s (whether codified or uncodified); - Court opinionsLegal opinionIn law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
; - Rules of court procedureCivil procedureCivil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
; - Rules of evidenceRules of evidenceRules of evidence govern whether, when, how, and for what purpose, proof of a legal case may be placed before a trier of fact for consideration....
; - Rules governing the conduct of lawyers;
- AdministrativeGovernment agencyA government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
regulations; - Executive orders;
- Treaties and certain other international lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
materials; - Municipal charterMunicipal charterA city charter or town charter is a legal document establishing a municipality such as a city or town. The concept developed in Europe during the middle ages....
s and ordinancesLocal ordinanceA local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
.
To be considered primary authority, a document does not have to be physically printed or published by a government entity, as long as the document purports to be and actually is a verbatim re-print of the applicable statute, regulation, court opinion, etc. That is, many lawyers, legal scholars, government agencies and others use verbatim re-prints of texts published by private commercial law publishing companies.
The term primary authority is used to distinguish primary authority materials from texts considered to be Secondary authority
Secondary authority
In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities .Some secondary authority materials are written and published by governments to explain the laws in simple,...
.