Secondary Authority

Definition

Secondary authority refers to legal resources that provide commentary, analysis, or explanations of primary legal sources like statutes and case law. These resources, including legal encyclopedias and treatises, help users understand and interpret the law but do not have the same binding power as primary authority. Secondary authority is essential for legal research as it guides practitioners in applying the law and understanding complex legal principles.

5 Must Know Facts For Your Next Test

1. Secondary authority does not create law but helps clarify and explain it, making it easier for legal professionals to navigate complex legal issues.
2. Legal encyclopedias are often organized alphabetically by subject matter, making them user-friendly for quick reference.
3. Treatises typically focus on specific areas of law and provide detailed commentary, citations, and insights that can assist in legal argumentation.
4. While secondary authorities are persuasive and informative, courts are not bound to follow their interpretations of the law.
5. The use of secondary authority is common in legal writing, especially when supporting arguments or providing context for legal principles.

Review Questions

• How do secondary authorities enhance the understanding of primary authority in legal practice?
  • Secondary authorities enhance the understanding of primary authority by providing commentary and analysis that helps clarify complex legal concepts. For instance, legal encyclopedias can summarize case law or statutory provisions, making it easier for practitioners to grasp how these laws apply in various situations. By using secondary resources, attorneys can build a stronger foundation for their arguments and ensure they accurately interpret the primary law.
• Discuss the differences between secondary authorities like treatises and legal encyclopedias regarding their purpose and content.
  • Treatises and legal encyclopedias serve different purposes in legal research. Treatises are more in-depth works focused on specific areas of law, offering detailed analysis and expert insight on legal issues. In contrast, legal encyclopedias provide broader overviews organized by topic, summarizing multiple areas of law for quick reference. While both types of secondary authority are valuable for understanding the law, treatises are typically more scholarly and comprehensive compared to the concise summaries found in encyclopedias.
• Evaluate the role of secondary authority in shaping legal arguments and its limitations within the context of judicial decision-making.
  • Secondary authority plays a crucial role in shaping legal arguments by providing context, analysis, and persuasive support for claims made by attorneys. However, its limitations arise from the fact that courts are not required to adhere to interpretations presented in secondary sources. While these authorities can help inform judges about prevailing views or interpretations within the legal community, ultimately, judicial decisions rely on primary authority as the basis for rulings. Understanding this distinction is vital for effective legal practice.

Related terms

Primary Authority: Legal sources that establish the law, such as constitutions, statutes, regulations, and case law, which are binding on courts and legal professionals.

Legal Encyclopedia: A comprehensive reference work that provides a broad overview of various legal topics, often used to locate relevant information on specific legal issues.

Treatise: A formal and systematic written discourse on a particular area of law, authored by experts in the field and intended to provide in-depth analysis and understanding.