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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 ...
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.
It is the authority that demands obedience to the office rather than the officeholder; once a leader leaves office, their rational-legal authority is lost. Weber identified "rationally-created rules" [3] as the central feature of this form of authority. Modern democracies contain many examples of legal-rational regimes. There are different ways ...
Article IV, Clause 2 reads, “This Constitution, and the Laws of the United States … and all Treaties made … shall be the supreme Law of the Land . . . anything in the Constitution or Laws of ...
The processes of legal research vary according to the country and the legal system involved. Legal research involves tasks such as: [2] Finding primary sources of law, or primary authority, in a given jurisdiction. The main primary sources of law include constitutions, case law, statutes, and regulations.
Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also natural law and legal positivism).. Weber defined legal order as a system where the rules are enacted and obeyed as legitimate because they are in line with other laws on how they can be enacted and how they should be obeyed.
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
Archaic vocabulary: legal writing employs many old words and phrases that were formerly quotidian language, but today exist mostly or only in law, dating from the 16th century; English examples are herein, hereto, hereby, heretofore, herewith, whereby, and wherefore (pronominal adverbs); said and such (as adjectives).
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