What defines secondary authority in legal research?

Study for the Legal Research and Writing Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Secondary authority in legal research refers to sources that explain, interpret, analyze, comment on, or summarize the law, but do not have binding authority in a court of law. These sources are invaluable for legal practitioners and researchers because they provide context, guidance, and insight into the application of primary legal sources, which include statutes, regulations, and case law.

Secondary authorities can take various forms, such as legal encyclopedias, treatises, law review articles, and legal opinions written by scholars. While these resources can be persuasive and helpful in understanding legal principles, they do not have the force of law and are not mandatory for courts to follow. This distinction is essential in legal research, as reliance on secondary sources allows for a deeper comprehension of the law, while primary sources dictate legal obligations and outcomes.

The other definitions do not align with the established understanding of secondary authority; only the correct option accurately captures the essence and function of these resources in supporting legal research.

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