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The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. Typically, a proper legal citation will inform the reader about a source's authority, how strongly the source supports the writer's proposition, its age, and other, relevant information.
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law. [1]
If a case is not reported in the Law Reports, the next best report is the Weekly Law Reports (e.g. [2002] 2 WLR 1315), and then the All England Reports (e.g., [2002] 2 All ER 865). In some situations, it might be preferable to cite a specialist series, e.g., Rottman v MPC was also cited in the Human Rights Law Reports, at [2002] HRLR 32.
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.
Law school libraries also hold legal encyclopedias, such as Corpus Juris Secundum or American Jurisprudence and resources such as American Law Reports. Many major legal research materials may be found online, through both free services, such as Law Library Resource Xchange , PACER (law) , and Google Scholar , and commercial services for ...
Based on English Common Law and Civil law as well as the country's customary law. Lesotho: Based on South African law. An 1884 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Basutoland (now Lesotho). [48] Louisiana (U.S.)
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...