Primary Vs Secondary Sources Of Law Essay

541 WordsFeb 4, 20123 Pages
Primary vs. Secondary sources of law What is a primary source of law? How is it distinguished? In what ways does it have impact? Primary sources of law consist of legislation: orders in council, statutes, and regulations as well as case law: decisions of courts and administrative tribunals. Primary legal resources are products of officials with authority to make law. These sources affect the legal rights of citizens. (J., 2001). Ex. US statutes at large (king county law library, 2008). What is a secondary source? How does it compare to a primary source? What are some examples? Secondary sources of law are background resources. These sources do not have the power to affect legal rights. They are referred to for instructive value and references provided for relevant primary sources. Examples of secondary sources include legal journals, legal encyclopedias, and summaries of case laws and digest as well as textbooks (J., 2001). A legal example of secondary law is Corpus Juris Secundum (CGS) (king county law library, 2008). Case law is the rules announced in court decisions. Common law is a body developed from custom or judicial decisions in English and U.S courts, not just by a legislature (roger leroy miller, 2011). It consist of laws enacted by the state legislatures and U.S congress. Constitutional law is secured by the Bill of Rights, are not soluble. Administrative law is created by adminisrtative agencies in the form of rules,regulations,orders and decisions in order to carry out their duties and responsibilities. Mandatory authority comes directly from a government entity in the discharge of its official duties. Mandatory authority comes in documents which include but are not limited to statutes, case decisions, executive orders, administrative agencies, regulations and treaties. Persuasive authority concludes commentaries,

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