Legal Definitions - Secondary authority

Secondary authority refers to writings that explain, analyze, or comment on the law, but do not themselves establish legal rules or precedents. These sources are created by individuals or organizations who do not have the power to create binding law, such as courts or legislatures. While secondary authority can be highly influential and persuasive, offering valuable insights and arguments, it is never mandatory for a court or other legal decision-maker to follow.

• Example 1: A comprehensive legal textbook on environmental regulations.

  Imagine a law professor writes a detailed textbook explaining the intricacies of federal environmental laws, analyzing various court cases, and discussing policy implications. This book is a secondary authority because it provides expert analysis and interpretation of existing environmental statutes and judicial decisions. It doesn't create new environmental laws or overturn old ones; instead, it helps readers understand the complex legal landscape. A lawyer might cite this textbook to support an argument about how a particular regulation should be interpreted, but a judge is not legally required to adopt the textbook's interpretation.

• Example 2: An article in a professional legal magazine offering a critical analysis of a recent Supreme Court decision.

  Suppose a prominent legal commentator publishes an article in a widely read legal magazine, dissecting a recent landmark Supreme Court ruling. The article might explore the decision's potential impact, its historical context, and offer criticisms or praise. This article serves as secondary authority because it is an expert's commentary about the law, not the law itself. While it could persuade lawyers or even judges by offering a compelling perspective, the article's views are not legally binding; only the Supreme Court's actual ruling holds that power.

• Example 3: A practice guide for attorneys on navigating intellectual property disputes.

  Consider a multi-volume guide published by a legal publisher, designed to assist attorneys in handling intellectual property cases. This guide might include step-by-step procedures, sample forms, and summaries of relevant statutes and case law, along with strategic advice. This is secondary authority because it compiles, explains, and offers practical advice based on existing intellectual property law. It doesn't create new intellectual property rights or legal obligations; rather, it helps practitioners apply the established law effectively. A lawyer would consult it for guidance, but a court would rely on the actual statutes and judicial precedents, not the guide's advice, as the binding law.