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Simple English definitions for legal terms
Primary authority
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A quick definition of Primary authority:
Primary authority refers to statements about the law that come directly from a government body, such as a court or legislature. These statements are mandatory and must be followed in legal disputes. This is different from secondary authority, which is not mandatory and may be used to support arguments but does not have the same weight as primary authority.
A more thorough explanation:
Definition: Primary authority refers to statements about the law that come directly from a legislature, a court, or another body with official capacity to issue or clarify rules for its jurisdiction. These statements are always mandatory in disputes where they govern.
Examples:
- A statute passed by Congress
- A decision made by the Supreme Court
- A regulation issued by a government agency
These examples illustrate primary authority because they all come from official sources that have the power to create or interpret laws. For example, if there is a dispute over the meaning of a statute passed by Congress, the court will look to the text of the statute as the primary authority to determine its meaning.
Contrast: Secondary authority, on the other hand, refers to sources that interpret or explain primary authority, such as law review articles or treatises. While secondary authority can be helpful in understanding the law, it is not mandatory and does not have the same weight as primary authority.