If no constitutional or statutory law applies to an issue, what should be the next step?

When faced with an issue where no constitutional or statutory law applies, the appropriate next step is to look to secondary authority. Secondary authority includes legal commentaries, treatises, law review articles, and other scholarly writings that analyze and interpret the law. These sources can provide valuable guidance and insight into how courts and legal scholars view a particular issue, particularly when direct primary sources are unavailable or insufficient.

Secondary authorities can help identify trends in case law, suggest potential outcomes based on similar cases, and offer theoretical perspectives on legal principles. They can also assist in understanding the broader legal context or policy considerations at play, which may influence how a court would rule on the issue at hand.

While primary sources, such as case law and statutes, are essential for legal research, they may not always yield direct answers. In situations where these sources are absent or do not clearly address the issue, secondary authority serves as a critical resource for understanding the law and informing legal arguments. Consulting legal opinions could provide insights, but secondary authority often synthesizes existing law and offers a more comprehensive review. Ignoring the issue is not a viable option, as it misses the opportunity to analyze it thoroughly.