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In legal research, a primary authority is a term referring 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 ...
For example in Finland, [5] the practice is to delegate the making of secondary legislation ("decree", Finnish: asetus) mainly to the Finnish Government (the cabinet) as a whole, to individual ministries (made by the minister; e.g., where the change of legal position of persons is limited and technical), or to the President of the Republic (e.g ...
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed in alphabetical order within each grouping. The intention is to allow law clerks and judges to easily and rapidly identify and access the legal authorities cited in a litigation brief.
A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy." The primary administrative law statutes and other laws that govern agency rule making include: [4] The Administrative Procedure Act, 5 U.S.C. §§ 552 and 553
In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom; [note 2] in common law systems there are also several sources that combine to form "the law". Civil law systems often absorb ideas from the common law [note 3] and vice-versa. Scotland, for instance, has a hybrid form of ...
Primary rules are rules, or laws, that govern general societal conduct. Thus, primary rules construct legal obligations and consequences when they are disobeyed. A good example of primary rule is the law against murder; it prohibits a person from killing and attaches consequences for committing, attempting to commit, and conspiring to commit ...
In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities (such as constitutions, statutes, case law, administrative regulations, executive orders, treaties, or similar legal instruments).