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Scipione Amati's History of the Kingdom of Woxu (1615), an example of a secondary source. In scholarship, a secondary source [1] [2] is a document or recording that relates or discusses information originally presented elsewhere. A secondary source contrasts with a primary, or original, source of the information being discussed. A primary ...
Although secondary authorities are sometimes used in legal research [2] (especially, to allow a researcher to gain a preliminary, overall understanding of an unfamiliar area of law) and are sometimes even cited by courts in deciding cases, [3] secondary authorities are generally afforded less weight than the actual texts of primary authority ...
The British English distinction between primary and secondary legislation is not used in American English, due to the American dislike of the British constitutional concept of the fusion of powers as inherently incompatible with due process and the rule of law (one of the great divergences between American and British political philosophy which ...
A voice, its recording, the transcript of the recording, a newspaper reporter taking notes from the transcript, and a newspaper report of the notes are all primary sources, but some editors believe that the newspaper report—the least accurate of these sources—is a secondary source and therefore automatically a better source for all purposes ...
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
The main primary sources of law include constitutions, case law, statutes, and regulations. Searching secondary authority for background information about legal topics. Secondary authorities can come in many forms, such as law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris ...