The term "secondary authority" refers to legal resources that provide commentary, analysis, or interpretations of primary legal sources, such as statutes or case law. Secondary authorities include legal textbooks, articles, treatises, and legal encyclopedias. While they do not have the force of law, they can help clarify legal principles and guide legal research.
In legal practice, secondary authority is often used to support arguments or provide context in legal writing. Attorneys may reference secondary sources when drafting legal documents, preparing for court cases, or conducting legal research. Common areas where secondary authority is relevant include:
Users can access various legal templates and forms through US Legal Forms, which are drafted by experienced attorneys and can assist in navigating legal processes effectively.
Here are a couple of examples of abatement:
Example 1: An attorney may cite a legal treatise that discusses the implications of a specific statute in a court brief.
Example 2: A law student uses a legal encyclopedia to understand the historical context of a case law decision (hypothetical example).
| Term | Definition | Difference |
|---|---|---|
| Primary Authority | Legal sources that have the force of law, such as statutes and case law. | Primary authority is binding, while secondary authority is not. |
| Legal Commentary | Analysis or opinion on legal issues, often found in articles or blogs. | Legal commentary is often less formal and may not be peer-reviewed. |
If you need to reference secondary authority for a legal issue, start by identifying relevant sources such as legal textbooks or articles. You can also explore US Legal Forms for templates that may assist in your legal matters. If your situation is complex, consider consulting a legal professional for tailored advice.
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| Fact | Details |
|---|---|
| Type | Legal resource |
| Binding Authority | No |
| Examples | Textbooks, articles, encyclopedias |
Secondary authority refers to legal resources that explain or analyze primary legal sources.