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A primary authority is a document that establishes the law on a particular issue, such as a case decision, Constitutions, Statutes, Rules of court procedure, Rules of evidence, Treaties and ordinances.
In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities such Law review articles, comments and notes (written by law professors, practicing lawyers, law students, etc.)
Source:
http://en.wikipedia.org/wiki/Secondary_authority
http://en.wikipedia.org/wiki/Primary_authority
http://definitions.uslegal.com/p/primary-authority/
Wiki User
∙ 14y ago
Primary law refers to laws that are passed by legislatures, such as statutes and regulations. Secondary law, on the other hand, includes legal sources that interpret and apply primary law, such as court decisions and legal commentary. Primary law creates the legal framework, while secondary law helps to interpret and understand primary law.
Wiki User
∙ 16y agoPrimary law is the law in effect in our Statutes and decision of courts. On the other hand, secondary law is the written books and articles by lawyers, judges, and many law professors.
Wiki User
∙ 12y agoPrimary law and secondary law don't mean anything.
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Is it true that the California penal code is an example of primary law and not secondary law?
Yes, the California Penal Code is considered primary law because it is a primary source of law that consists of statutes enacted by the California State Legislature. Primary law is the actual law itself, while secondary law includes legal commentary or interpretations of primary law.
Is West's Analysis of American Law primary or secondary authority?
West's Analysis of American Law is considered a secondary authority. It provides commentary and analysis on legal topics rather than directly interpreting primary sources of law.
You are trying to find out what the law is about secondary beneficiary missing does the primary beneficiary have any rights?
If a secondary beneficiary is missing, the primary beneficiary typically has the right to receive the benefits allocated to them under the terms of the law or the specific insurance policy. The primary beneficiary's rights will depend on the language of the policy and applicable state laws. It is important to review the policy language and consult with legal counsel for guidance in these situations.
What is similaries and differences between primary and secondary legislation?
Primary legislation is laws created by a legislative body, such as acts of parliament, while secondary legislation is created under the authority of primary legislation to provide detailed regulations or rules. Both types of legislation have legal force, but secondary legislation cannot go beyond the powers granted by the primary legislation. Secondary legislation is also often more flexible and can be amended more easily than primary legislation.
In a civil law system the primary source of law is?
In a civil law system, the primary source of law is typically written statutes and codes enacted by legislative bodies. These laws establish the legal rules and principles that govern society, and courts interpret and apply them to resolve disputes. Precedent and judicial decisions are of secondary importance in civil law systems compared to common law systems.
Is it true that the California penal code is an example of primary law and not secondary law?
Yes, the California Penal Code is considered primary law because it is a primary source of law that consists of statutes enacted by the California State Legislature. Primary law is the actual law itself, while secondary law includes legal commentary or interpretations of primary law.
Is West's Analysis of American Law primary or secondary authority?
West's Analysis of American Law is considered a secondary authority. It provides commentary and analysis on legal topics rather than directly interpreting primary sources of law.
You are trying to find out what the law is about secondary beneficiary missing does the primary beneficiary have any rights?
If a secondary beneficiary is missing, the primary beneficiary typically has the right to receive the benefits allocated to them under the terms of the law or the specific insurance policy. The primary beneficiary's rights will depend on the language of the policy and applicable state laws. It is important to review the policy language and consult with legal counsel for guidance in these situations.
What is secondary law?
Secondary law is the contents of law books, legal encyclopedias, legal periodicals, & the like that report on & compile rules that the writers distill & derive from the "primary" sources.
What is similaries and differences between primary and secondary legislation?
Primary legislation is laws created by a legislative body, such as acts of parliament, while secondary legislation is created under the authority of primary legislation to provide detailed regulations or rules. Both types of legislation have legal force, but secondary legislation cannot go beyond the powers granted by the primary legislation. Secondary legislation is also often more flexible and can be amended more easily than primary legislation.
Is there a significant difference between democratic and republic?
The primary difference is that a Democracy is run by the majority, while a Republic is run by the law. A Republic prevents the majority from abusing the minority.
How union of primary and secondary rules is important to your study of philosophy of law?
Nick Diehl would answer this question using the primary rules theory with a combination of secondary rules. Therefore, it is very important.
You want blue cross to be primary and medicare to secondary can you do that?
No. There is a federal law that requires Medicare is a secondary payer. You can find more information on the CMS website under "Medicare Secondary Payer and You."
What is the difference between labor law and social legislation?
Labor law specifically deals with regulations related to employment, such as wages, working conditions, and employee rights. Social legislation, on the other hand, encompasses a broader range of laws that aim to protect and support individuals' social welfare, such as healthcare, social security, and education. Labor law is a subset of social legislation, focusing on the rights and obligations of workers and employers.
What is the difference between newton's first law and law of inertia?
There is no difference. They are the same.
What is the difference between the humanitarian law and international law?
the difference is this is small and that is big
Why should secondary sources not be relied upon in citing Binding Authority?
Secondary sources may not accurately reflect the current state of the law, as they interpret or analyze primary sources. Relying solely on secondary sources may lead to errors in understanding or misinterpretation of the binding authority. To ensure accuracy and authority in legal citations, it is essential to refer directly to primary sources such as statutes, regulations, or court decisions.
