What are the differences between primary and secondary authority? Give examples of each. Which is more important to the legal researcher?
What will be an ideal response?
Primary authority is the law itself. This includes the U.S. and each state’s Constitution, federal and state statutes, federal and state court opinions, and federal and state administrative regulations, executive orders, and agency decisions. Secondary authority includes writings about the law. These include dictionaries, legal encyclopedias, Restatements of the Law, legal periodicals, annotations and treatises.
The ultimate goal of the legal researcher is to locate mandatory authority that is relevant to the issue. Persuasive authority is utilized if binding authority should continue to be followed, or when the issue is a matter of first impression in the jurisdiction and guidance is sought from other sources. Secondary authority may also provide assistance in locating additional relevant law.
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The Code of Federal Regulations includes:
a. The text of the regulation. b. Cross-references to other legal publications. c. Both a and b. d. Neither a nor b.
Which of the following is true regarding the procedural rules of the courts??
A. ?The federal court rules are set forth in the Federal Rules of Civil Procedure. B. ?State court rules vary from state to state. C. ?State court rules may vary from court to court within a state. D. ?Rules of civil procedure are different from rules of criminal procedure. E. ?All of these choices are correct.
John Smith, Mary Barney, and Tom Reed work for a law firm called Smith, Barney, and Reed, P.C. Which of the following business entities have they formed?
A. ?A partnership B. ?A limited liability company C. ?A limited liability partnership D. ?A professional corporation
A person or entity that receives property pursuant to a will is:
a. An heir b. An intestate c. A beneficiary d. A decedent