Question: Are Digests Primary Or Secondary Authority?

Can secondary authority be mandatory?

Secondary authority is usually not cited in a brief because it is only persuasive, meaning that the court is not required to follow the analysis.

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..

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.

Secondary sources of law are background resources. They explain, interpret and analyze. They include encyclopedias, law reviews, treatises, restatements. Secondary sources are a good way to start research and often have citations to primary sources.

Are headnotes primary or secondary authority?

Headnotes are a great research tool but are not considered legal authority and should never be cited to.

What is primary mandatory authority?

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. Thus, lower courts are required to follow decisions from higher courts in the same jurisdiction.

Are digests secondary authority?

Technically, a Digest is NOT an authority (you cannot cite to a Digest); it is a case finding aid, but a really useful one. The Digest System (created by West Publishing) is a topic and key number system. First you find the topic and second, you find a refinement of the topic in the topic’s table of contents.

What is an example of secondary authority?

Some examples of secondary authority are: Law review articles, comments and notes (written by law professors, practicing lawyers, law students, etc.) Legal textbooks, such as legal treatises and hornbooks. Legal digests, such as the West American Digest System.

What is secondary authority used for?

Sources of information that describe or interpret the law, such as legal treatises, law review articles, and other scholarly legal writings, cited by lawyers to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow.

Is dictum primary authority?

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.

Is the United States Code primary authority?

Primary sources are the law. They include codes and cases. It is mandatory for us to follow primary authority from our jurisdiction.

What is primary and secondary authority?

Legal researchers utilize two types of authority, referred to as primary and secondary authority. Primary authority is the law, which includes constitutions, statutes and ordinances, rules and regulations, and case law. These authorities form the rules that courts follow. Secondary authority is not the law.

What is the difference between a primary and secondary law?

Primary and Secondary Legal Sources 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 4 primary sources of law?

The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.

What are examples of primary authority?

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;More items…

What is the difference between a digest and a reporter?

This digest feature provides citations to cases that have definded legal legal terms and phrases. Organized like a dictionary — look up the term alphabetically; you will find cases that DEFINE THOSE WORDS. Reporters contain the full text of published court opinions.