authoritative sources of law

authoritative sources of law

This article contains 6 Differences between Authoritative Precedents and Persuasive Precedents. - Receive all the forms you need completed for your State. the word sources mean the development of which law become existing or the derivation of law. Legal sources such as books about laws and articles about laws in magazines and academic journals may be reliable sources. (adsbygoogle = window.adsbygoogle || []).push({}); Get Your Divorce Online! USLegal has the lenders!--Apply Now--. the authoritative texts which are the basis of juristic and doctrinal development of the traditional element of a legal system. When writing a memo or a brief, you must rely on relevant primary sources. The "Law" will be the result of the interaction between the relevant texts from some or all branches (, Cases/Opinions (Usually at the Appellate Level), Interpretation of Statutes, Regulations Opinions issued by Courts. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. A judicial precedent of the Andhra Pradesh high court is authorities in relation to other subordinate courts in Andhra Pradesh. Examples of persuasive sources are journal articles, textbooks, foreign law, other legal systems, obiter dictum. TOS4. That is the meaning of the word sources of law. - Publish Your Articles Now, Copyright infringement takedown notification template, Difference between Original Precedents and Declaratory Precedents, Difference Between Custom and Prescription. According to Salmond, there are two main sources of law- formal and material. A judicial precedent of the supreme court of India is authoritative for all the court in India. All legal information comes from either primary or secondary sources. Thus, the authoritative source of fed-eral law is the national body politic. He sub-divided the material sources into legal sources and historical sources. Customary law; sources of customary law; living customary law; judicial precedent ... Before I continue sharing my ideas on case law as an authoritative source of customary law, let me briefly explain what some of the concepts mean within the context of this paper. On the oth… If you continue with this browser, you may see unexpected results. Here you can publish your research papers, essays, letters, stories, poetries, biographies and allied information with a single vision to liberate knowledge. The judges peruse and interpret and take the assistance of persuasive precedent, but they are not bound to follow it. Authoritative precedents are legal sources of law. A decision of Tamil Nadu or Karnataka High Court in relation to the Andhra Pradesh High Court is only persuasive. However, secondary sources are referred if no primary sources exists or adding support to the secondary authority. Court decisions, often referred to as case law, have their own hierarchy of most authoritative to least authoritative. An authoritative source is known to be reliable because its authority or authenticity is widely recognized. An authoritative source, in the legal context, is a body of law which takes precedence over others. Disclaimer Copyright. Remember that the United States Constitution forms the basic law. You hope that you will find legal authority that will cause a court or administrative agency to say “you win.” You hope that you will find legal authority that will cause a court or administrative agency to say “you win.”. Privacy Policy3. Meaning: persuasive precedent is one which the judges are under no obligation to follow. JavaScript seems to be disabled in your browser. Content Guidelines 2. The German jurists speak of Rechtsquellen. Primary sources articulate the law. Then remember that each of the “three branches” are going to provide you with primary legal authority. Need a Personal Loan? Image Source: Primary sources articulate the law. 7 . Learn More! Authoritative Sources. Law sources that are written by authoritative experts in law, such as legal scholars, and published by respected independent publishing houses are generally reliable sources. Whether a legal source is reliable or not needs to be considered separately for each source. Within the federal system, case law from the United States Supreme Court is the most authoritative source of law on an issue.

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