Which of the following Is Not Considered Primary Legal Authority
Binding authority, as opposed to persuasive authority, describes legal authority that is binding and must be followed. All mandatory authorities are the main sources of law. However, not all primary sources of law are binding, as jurisdiction determines whether a legal authority is mandatory or persuasive. A secondary source of law can never be a compelling authority. Primary and secondary legal researchers use two types of authority called primary and secondary authority. Identifying the rules that apply to a particular legal issue in your jurisdiction requires legal research. The legal research process involves not only finding legal authorities, but also determining their importance. Primary authority (the law) can be mandatory or persuasive, depending on: Secondary authority is not law. Secondary authorities such as legal dictionaries and encyclopedias, books and treatises, and journal articles explain and analyze the law and help researchers understand and locate primary authorities. The main authority is the law, which includes constitutions, statutes and ordinances, rules and regulations, and jurisprudence.
These powers form the rules that the courts follow. For judicial decisions, the vertical stare decisis stipulates that the judicial decisions of the higher courts are obligatorily the authority of the lower courts. The horizontal decision, on the other hand, is generally not binding. All binding judicial decisions are specific to a court. Therefore, judicial decisions of the courts of one jurisdiction are not a binding authority for the courts of another jurisdiction. Binding authority consists of constitutions, laws and judicial decisions. Constitutions derive their authority from the people, so constitutions bind only those who have agreed to be bound. Thus, while the Constitution of the United States is a binding authority in every state and court of the United States, the Constitution of a single state is a binding authority only within the jurisdiction of the state. In this situation, a state constitution, even if it is a primary source of law, is not automatically a binding authority.
State courts apply state laws and regulations and follow state precedents. For example, South Carolina courts must apply South Carolina laws, regulations, and jurisprudence. If a South Carolina court has not ruled on a particular point of law, it may be persuaded by a decision of another state court. The mandatory authorities as opposed to the persuasive authorities that the courts must follow are called binding (or binding) authority. The authorities that the courts can follow if they are persuaded to do so are called persuasive (or non-binding) authority. With a basic understanding of the structure of the U.S. legal system, available sources of law, and the application of the weight of authority, you`ll be prepared to evaluate the resources you`ll find in your legal research. Federal law For matters of federal law, federal courts apply federal laws and regulations, as well as precedents set by federal courts in their circle. If a federal court in one county has not ruled on a point of law, it may be persuaded by a decision of another federal county. The federal court system is divided into eleven numbered circles, the District of Columbia and the Federal Circuit.
U.S. Supreme Court decisions are binding on all federal appellate courts and all federal district courts. The decisions of the appellate courts of each of these districts are binding on the federal district courts (trial courts) of that district. The South Carolina Supreme Court is our court of last resort. Its decisions are binding on our Intermediate Court of Appeals, the South Carolina Court of Appeals and all South Carolina trial courts. Decisions of the South Carolina Court of Appeals are binding only on South Carolina trial courts. Decisions of the South Carolina Supreme Court may be appealed to the U.S. Supreme Court if they are passed by writ of certiorari on a question of federal law.
State and federal courts generally follow the court structure shown in the diagram below. Court decisions are not binding on any court. Interlocutory decisions of the Court of Appeal are binding on subsequent courts of first instance. Decisions of the highest court of appeal or the court of last instance are binding on both interlocutory courts and courts of first instance. Court level Whether a decision (case) in a particular jurisdiction (state or federal) is mandatory or persuasive depends on the level of the court that decided it. U.S. Supreme Court decisions are binding on federal law for all state and federal courts.