What does primary authority refer to in legal terms?

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!

Primary authority in legal terms refers to the law itself, which includes statutes, regulations, and case law that have binding legal effect. It is the foundational legal material that courts, lawyers, and other legal practitioners rely on when determining the law applicable to a particular case or legal issue.

This authority is considered authoritative because it is established by governmental agencies, such as legislatures (which create statutes) and courts (which issue judicial opinions). Primary authority is crucial for legal research and argumentation, as it forms the basis of legal reasoning and the resolution of legal disputes.

In contrast, other choices reflect materials that may influence or inform a legal argument, such as textbooks that explain the law, legal opinions from practitioners that provide insights or perspectives but do not carry binding authority, and legislative summaries that provide overviews but lack the definitive legal force of statutes or case law. These forms of information serve important roles within the legal landscape, but they do not constitute primary authority since they do not represent the law itself.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy