Chapter 8
Because I Said So: The Categories of Legal Authority
IN THIS CHAPTER
Reviewing the importance of following precedent
Grasping the principles of primary and secondary authority
Discerning the difference between mandatory and persuasive authority
Understanding the importance — and dangers — of nonauthority
Legal authority consists of any recorded source of material that states the law. According to the concept of stare decisis, legal authority is something the court may or must use in reaching its decision. There are two main categories of legal authority: primary and secondary. And, legal authority is further divided into mandatory and persuasive authority. Even nonauthority serves its purpose for the paralegal, legal researcher, and attorney as a case and statute finder.
Legal authority forms the foundation of legal research, which is the bread and butter of any quality law office. You can read about researching legal authority in a lot more detail in Chapter 13. In this chapter, we let you know what you’ll be looking for.
Déjà Vu All Over Again: Review of Stare Decisis ...
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