A primary authority is a term used in legal research to refer to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most important part of the process of legal research.
Examples of primary authority include the verbatim texts of:
- Constitutions;
- Basic laws;
- Statutes (whether codified or uncodified);
- Treaties and certain other international law materials;
- Municipal charters and ordinances;
- Court opinions;
- Rules of court procedure;
- Rules of evidence;
- Rules governing the conduct of lawyers;
- Administrative regulations;
- Executive orders.
Verbatim re-prints by private commercial law publishing companies are also considered primary authority, as long as the document purports to be and actually is a verbatim re-print of the applicable document, statute, regulation, court opinion, etc. Many lawyers, legal scholars, government agencies and others use verbatim re-prints of texts published by private publishing companies.
The term 'primary authority' is used to distinguish primary authority materials from texts considered to be Secondary authority.
Famous quotes containing the words primary and/or authority:
“A primary function of art and thought is to liberate the individual from the tyranny of his culture in the environmental sense and to permit him to stand beyond it in an autonomy of perception and judgment.”
—Lionel Trilling (1905–1975)
“Authority and power are two different things: power is the force by means of which you can oblige others to obey you. Authority is the right to direct and command, to be listened to or obeyed by others. Authority requests power. Power without authority is tyranny.”
—Jacques Maritain (1882–1973)