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Legal treatises are one of the most important sources of secondary authority about California law. These texts are expressly recognized as a source of 'unwritten law' by California's Code of Civil Procedure. [15] The two most influential treatises are published by The Witkin Legal Institute Summary of California Law and The Rutter Group. [16]
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 ...
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
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.
Legal research is the process of identifying and retrieving information to support legal arguments and decisions. [1] Finding relevant legal information can be challenging and may involve the use of electronic research tools as well as printed books and materials.
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).
Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations of authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing.
Li v. Yellow Cab Co. (1975): [55] The Court embraced comparative negligence as part of California tort law and rejected strict contributory negligence. Tarasoff v. Regents of the University of California (1976): [56] The Court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a ...