Foundations Of Authority Flashcards
Primary
Any form of law. Example: a statute, case or other form of law
Secondary
Non law
Mandatory authority
The court must follow.
Example: a case you found in the law library that came from a higher court in the appropriate jurisdiction.
Persuasive authority
The court is not required to follow.
Example: a case from the same level of court from a different jurisdiction
Non-authority
Anything the court would never use in reaching its decision.
Example: a case that has been reversed by a higher court. A statute that has been superseded.
Constitution
The highest form of law
Statutes
Enacted law
Supersedes common law
Opinions
A decision of a court applying law. Often referred to as a case or case law (roe v wade). Opinions are common law.
Treaties
An agreement between two or more governments
Executive order
A law created by the highest entity of the executive branch, such as the president or governor.
Administrative rules
Rules and regulations created by state and federal administrative agencies
Administrative decisions
Administrative decisions are created by administrative agencies, applying administrative rules to factual situations
Rules of court
These are rules that govern the procedures of the state and federal trial process.
Charters
The local equivalent of a constitution, a charter is the basic and fundamental law of local governments; they establish the structure of the local government in that jurisdiction.
Ordinances
Ordinances are the local equivalent of statutes. Ordinances are rules that members of the community are expected to follow. If a person fails to cut his lawn, he, or she is most likely violating an ordinance.
