Legal Definitions - Order of authorities

The "order of authorities" refers to the standardized, hierarchical sequence in which legal sources are presented in formal legal writing, such as court briefs, legal memoranda, or scholarly articles. This specific arrangement is crucial because it reflects the relative importance and binding power of different legal materials within the legal system. Generally, the most authoritative sources, like constitutions, are listed first, followed by statutes, then judicial decisions (cases), and finally, other persuasive materials like legislative history or scholarly articles. Adhering to this established order ensures clarity, professionalism, and proper respect for the structure and precedence of legal sources.

• Example 1: Arguing a Constitutional Challenge

  Imagine a lawyer preparing a brief to challenge a new state law that they believe violates an individual's rights. In their argument, they would first cite the U.S. Constitution, as it is the supreme law of the land and the ultimate source of these rights. Next, they would reference any relevant federal statutes that further define or protect those rights. Following this, they would include citations to landmark U.S. Supreme Court decisions that have interpreted the specific constitutional provision at issue. Only after these primary, binding authorities would they include citations to lower federal court cases, legislative history related to the statute, or scholarly articles discussing the constitutional principle. This sequence demonstrates the order of authorities by prioritizing the foundational Constitution, then federal statutes, then the highest court's interpretations, and finally, less binding but persuasive sources.

• Example 2: Advising on Federal Regulatory Compliance

  Consider a legal team advising a client on how to comply with a new federal environmental standard. Their internal legal memorandum would begin by citing the foundational federal statute, such as the Clean Water Act, which grants the Environmental Protection Agency (EPA) the authority to create regulations. Immediately after, they would cite the specific federal regulation published in the Code of Federal Regulations (C.F.R.) that outlines the new standard. Following these, they might include citations to recent federal appellate court decisions that have interpreted similar environmental regulations or the scope of the EPA's authority. Finally, they might reference official EPA guidance documents or relevant academic commentary on the regulation. This structure illustrates the order by placing the authorizing statute above the regulation it creates, and both above judicial interpretations and agency guidance.

• Example 3: Analyzing a State Contract Dispute

  Suppose a law student is drafting a section of a legal memo for a dispute involving a breach of contract in Texas. They would start by citing the relevant sections of the Texas Business and Commerce Code that govern contract formation and breach. After the statutes, they would include citations to controlling Texas Supreme Court cases that have interpreted those specific code sections or established common law principles for contracts in the state. Following these high-court decisions, they might cite opinions from the Texas Court of Appeals that address similar factual scenarios. If there are no direct cases, they might then refer to a Restatement of Contracts (a secondary legal treatise summarizing common law) or a leading legal textbook on Texas contract law. This example shows how the order prioritizes state statutes, then the highest state court's rulings, followed by lower court decisions, and finally, persuasive secondary sources.