Primary vs. Secondary Authority

Primary vs. Secondary Authority

“The various sources of law may also be broken down into primary and secondary sources of law. Primary sources of law may be mandatory on a particular court, or they may be merely persuasive. Whether they are binding or persuasive will depend on various factors. Secondary authority is not itself law, and is never mandatory authority. A court may, however, look towards secondary sources of law for guidance as to how to resolve a particular issue. … Secondary authority is also useful as a case finding tool and for general information about a particular issue.”

American Legal Systems: A Resource and Reference Guide

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

About Authority and Saction of International Law, Historical 2, About Authority and Saction of International Law, Historical 3, About Authority and Saction of International Law, Historical, American Legal Systems: A Resource and Reference Guide, Concepts of American Jurisprudence, Rights and the Law Classification, Historical.


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