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Simple English definitions for legal terms
Secondary authority
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A quick definition of Secondary authority:
Secondary authority refers to information about the law that comes from people who are not in charge of making the rules. This can include things like articles or books written by legal experts. While this information can be helpful, it is not required to be followed like primary authority, which comes directly from the government or courts.
A more thorough explanation:
Secondary authority
Secondary authority refers to statements about the law that come from unofficial commentators who do not have the authority to set legal rules in the relevant jurisdiction. Examples of secondary authority include law-review articles and treatises. While secondary authority may be persuasive, it is never mandatory.
Secondary authority is information about the law that comes from sources other than the law itself. This information can be helpful in understanding the law, but it is not legally binding. For example, a law-review article may provide an analysis of a court case, but it does not have the authority to change the law. Similarly, a treatise may provide an in-depth discussion of a legal topic, but it does not have the power to create new laws.
- A law-review article that analyzes a recent court decision
- A treatise on contract law that provides an in-depth discussion of the elements of a contract
These examples illustrate how secondary authority can be useful in understanding the law, but it is not legally binding. The law-review article provides an analysis of a court decision, but it does not have the power to change the law. The treatise provides an in-depth discussion of contract law, but it does not have the power to create new laws.